Background A brief overview of the right to asylum and the right to freedom from torture The right to “seek and to enjoy asylum from persecution” was first enshrined in Article 14 of the Universal Declaration of Human Rights.1 An asylum-seeker can obtain asylum if (s)he meets the UN Refugee Convention’s definition of a refugee, as someone who has a “well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion”.2 The right to freedom from torture is enshrined in many international treaties, most notably the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture (UNCAT).3 Regional conventions such as the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights of the European Union and the American Convention on Human Rights also recognise it as a prohibited act.4 The acceptance that torture is forbidden under any circumstances, including war, public emergency or terrorist threat, indicates that universally it is considered as a fundamental principle of customary international law. This means that even states that have not ratified any of the international treaties explicitly prohibiting torture are banned from using it against anyone, anywhere, under any circumstances.5 Both the Refugee Convention and the UNCAT expressly prohibit the return of an asylum-seeker to a country where he/she may be at risk of torture.6 The right to rehabilitation for victims of torture who are asylum-seekers Article 14 of UNCAT obliges a state party to “ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible.” The Committee against Torture has provided nonbinding interpretative guidance on how the State Parties should implement Article 14. It makes clear that a state has an obligation to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress, including those that suffered torture outside the state’s territory. Redress includes the means for as full rehabilitation as possible, which has been interpreted by the Committee to be “holistic and include medical and psychological care as well as legal and social services”.7 In addition, State Parties should adopt a long-term integrated approach to rehabilitation, ensuring that specialist services are available, accessible and appropriate to victims’ needs. According to the Committee, this should include “a procedure for the assessment and evaluation of individuals’ therapeutic and other needs, based on, inter alia, the Istanbul Protocol”.8 Thus, asylum-receiving states must be encouraged to recognise that asylum-seekers and refugees who are victims of torture must have early access to holistic rehabilitation services, including legal and social support. Health problems amongst asylum-seekers and refugees Research studies looking at the health problems prevalent in asylum-seekers and refugees have widely confirmed that they are at risk of having many, possibly severe, health problems of a varied nature.9 Pre-migration experiences, such as suffering torture, ill-treatment or sexual violence, will impact on the physical as well as mental health of an asylum-seeker, particularly where injuries sustained in the country of origin remain untreated. In addition, the journey to the asylum-receiving country may place the physical health of an asylum-seeker at greater risk due to poor sanitation, malnutrition and overcrowding, which are likely to occur on long journeys. In addition, the asylum-seeker may suffer stress and anxiety, and may also be at risk of further abuse such as exploitation, sexual violence or trafficking. Recognising victims of torture in national asylum procedures / 9