L. Treatment of non-nationals (including asylum, expulsion and nonrefoulement)
Article 14 of the Universal Declaration of Human Rights provides that everyone has
the right to seek and enjoy in other countries asylum from persecution. This right may
not be invoked in the case of persecution genuinely arising from non-political crimes
or from acts, as is the case with terrorist acts, which are contrary to the purposes and
principles of the United Nations. At the same time, human rights treaties consider that
persons, regardless of their conduct, should never be sent to countries where they face
a substantial risk of torture or other serious human rights violation.
United Nations
The Human Rights Committee considered the link between removal, expulsion or
refoulement of non-nationals and torture, in its General Comment No. 20 on article 7
of the Covenant:
States parties must not expose individuals to the danger of torture or cruel,
inhuman or degrading treatment or punishment upon return to another country
by way of their extradition, expulsion or refoulement.
--General Comment No. 20, para. 9 (1992).
*****
The Committee is concerned at cases of expulsion of asylum-seekers suspected
of terrorism to their countries of origin. Despite guarantees that their human
rights would be respected, those countries could pose risks to the personal safety
and lives of the persons expelled, especially in the absence of sufficiently
serious efforts to monitor the implementation of those guarantees (two visits by
the embassy in three months, the first only some five weeks after the return and
under the supervision of the detaining authorities) (articles 6 and 7 of the
Covenant). The State party should maintain its practice and tradition of
observance of the principle of non-refoulement. When a State party expels a
person to another State on the basis of assurances as to that person's treatment
by the receiving State, it must institute credible mechanisms for ensuring
compliance by the receiving State with these assurances from the moment of
expulsion.
--CCPR/C/74/SWE, para. 12 (2002).
*****
The Committee … expresses its concern about cases of expulsion of foreigners
suspected of terrorism without an opportunity for them to legally challenge
such measures. Such expulsions are, furthermore, apparently decided on
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