A/57/173
article 3 is thus wider than that provided by articles 32
and 33 of the United Nations 1951 Convention on the
Status of Refugees. 30
33. With respect to extradition, attention is drawn to
the conclusions of the UNHCR Executive Committee
(No. 17 [XXXI]-1980) on Problems of Extradition
affecting Refugees, which called upon States to ensure
that the principle of non-refoulement is duly taken into
account in treaties relating to extradition and as
appropriate in national legislation on the subject, and
stressed that nothing in those conclusions should be
considered as affecting the necessity for States to
ensure, on the basis of national legislation and
international instruments, punishment for serious
offences, such as the unlawful seizure of aircraft, the
taking of hostages and murder. In line with that
recommendation, the Special Rapporteur would like to
encourage States to include the principle aut dedere aut
judicare in instruments aimed at international
cooperation with respect to criminal matters.
34. The Special Rapporteur would like to remind
States that in respect of certain crimes such as crimes
against humanity and presumably certain terrorist acts,
international law permits, and in some cases requires,
States to exercise jurisdiction on the mere basis of
presence in their territory of suspected perpetrators of
such crimes. In a number of countries national
legislation to that effect may still need to be enacted.
He also would like to stress the possibility of
prosecution of those charged with terrorist acts that
qualify as crimes against humanity under the Rome
Statute of the International Criminal Court, with due
regard to the principle of complementarity laid down in
the Rome Statute.
35. Finally, the Special Rapporteur would like to
appeal to all States to ensure that in all appropriate
circumstances the persons they intend to extradite,
under terrorist or other charges, will not be surrendered
unless the Government of the receiving country has
provided an unequivocal guarantee to the extraditing
authorities that the persons concerned will not be
subjected to torture or any other forms of ill-treatment
upon return, and that a system to monitor the treatment
of the persons in question has been put into place with
a view to ensuring that they are treated with full
respect for their human dignity.
II. International and national
mechanisms for visits to
places of deprivation of liberty
36. In his last report to the General Assembly, the
previous Special Rapporteur addressed the general
issue of prevention and transparency31 and advocated
replacing the paradigm of opacity surrounding the
places of deprivation of liberty by one of transparency.
The present mandate-holder fully supports the
recommendation made by his predecessor with respect
to the importance of external supervision of all places
of deprivation of liberty by independent officials, such
as judges, prosecutors, ombudsmen and national or
human rights commissions, and by civil society as well
as by independent monitoring institutions, such as the
International Committee of the Red Cross and the
European Committee for the Prevention of Torture and
Inhuman or Degrading Punishment (CPT) under the
European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment, and
the mechanism contemplated by the draft optional
protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment. Both the protective and preventive roles
of such mechanisms have been duly recognized.
37. The Special Rapporteur welcomes the decision of
the fifty-eighth session of the Commission on Human
Rights concerning the draft optional protocol, which is
the result of a process of consultations and negotiations
over the past decade, and whose objective is, as
provided for in draft article 1, to establish a system of
regular visits undertaken by independent international
and national bodies to places where people are
deprived of their liberty in order to prevent torture and
cruel, inhuman or degrading treatment or punishment.
As suggested by the Joint Declaration issued on
26 June 2002 by the Special Rapporteur, the
Committee against Torture, the Board of Trustees of
the United Nations Voluntary Fund for Victims of
Torture and the United Nations High Commissioner for
Human Rights on the occasion of the United Nations
Day in Support of Victims of Torture (see annex),
focused visits by independent multidisciplinary teams
of experts to places of detention and other places where
persons are deprived of their liberty have proved to be
a most effective way to prevent torture.
38. Law enforcement officials and other detention
personnel and authorities who are aware that their
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