without taking into account the risks to the physical integrity and lives of the
persons concerned in the country of destination (arts. 6 and 7).
--CCPR/CO/75/YEM, para. 18 (2002).
*****
[The State party] takes the position that compelling security interests may be
invoked to justify the removal of aliens to countries where they may face a
substantial risk of torture or cruel, inhuman or degrading treatment. The
Committee refers to its General Comment [No. 20] on article 7 and
recommends that [the State party] revise this policy in order to comply with
the requirements of article 7 and to meet its obligation never to expel,
extradite, deport or otherwise remove a person to a place where treatment or
punishment that is contrary to article 7 is a substantial risk.
--CCPR/C/79/Add.105, para. 13 (1999).
*****
The Human Rights Committee has also expressed concern with respect to nonrefoulement and access to asylum more generally:
The Committee recognizes that the security requirements relating to the events
of 11 September 2001 have given rise to efforts by [the State party] to take
legislative and other measures to implement Security Council resolution 1373
(2001). The Committee, however, expresses its concern that the impact of
such measures or changes in policy on [the State party’s] obligations under the
Covenant may not have been fully considered. The Committee is concerned
about possible negative effects of the new legislation and practices on asylumseekers, including by "removing the immigration risk offshore" and in the
absence of monitoring mechanisms with regard to the expulsion of those
suspected of terrorism to their countries of origin which, despite assurances
that their human rights would be respected, could pose risks to the personal
safety and lives of the persons expelled (articles 6 and 7 of the Covenant).
The State party is under an obligation to ensure that measures taken to
implement Security Council resolution 1373 (2001) are in full conformity with
the Covenant…. In addition, the State party should maintain its practice of
strictly observing the principle of non-refoulement.
--CCPR/CO/75/NZL, para. 11 (2002).
*****
The Committee against Torture has also addressed the question of non-refoulement of
asylum seekers and other foreigners, including with reference to article 3 of the
Convention against Torture:
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