the country and should be understood in terms of risks that may arise in any country to which the
person may be sent and not only in their country of origin. The SIS must not abuse the return
obligation when the BMA has not completed the protection procedures.
The principle of non-refoulement is the key element of refugee protection under this Convention.
This principle applies to the return of persons who are in the territory of the state, both for those
who entered legally and for those who entered illegally. In the context of torture, the principle of
non-refoulement means that no state will expel, return or extradite a person to another state when
there are serious grounds for believing that he or she would be exposed to the danger of torture. In
his opinion, the Ombudsman reiterated that no derogations from the principle of nonrefoulement were allowed under any circumstances.
The Ombudsman recalled the ECtHR's position - when the human right in question is an absolute
right (prohibition of torture or the right to life), non-return becomes an absolute right and cannot be
the subject of any exception, either in law or in practice. This practice applies regardless of
national security considerations, other public interests, economic pressures or large flows of
migrants.
Cases of declaring undesirable persons have also been certified, in order to camouflage an
extradition or "illegal transfer of persons". The most publicized case is the case of Turkish citizens,
removed from the Republic of Moldova, without observing any legal procedure, on September 6,
2018. See the ECtHR in Ozdil and Others v. Republic of Moldova, p. 54-57 (application 42305/18).
The People's Advocate (Ombudsman), at pp. 44 - 45 of his opinion no. 06-2 / 35 of 31.10.2018
explained the following: Stricto senso, according to Law no. 112/2008 for the approval of the
Concept of national security of the Republic of Moldova, the only act that provides the notion of
"national security" - National security is the fundamental condition of existence the people of the
Republic of Moldova, the Moldovan state and is an objective of the country. The objectives of the
national security of the Republic of Moldova are: ensuring and defending the independence,
sovereignty, territorial integrity, constitutional order, democratic development, internal security,
strengthening the statehood of the Republic of Moldova. A special place in this sense belongs to the
defence and promotion of national values, interests and objectives. National security is not only the
security of the state, but also the security of society and the citizens of the Republic of Moldova,
both on the territory of the Republic of Moldova and abroad. The national security of the Republic
of Moldova is achieved through appropriate measures of a political, economic, diplomatic, social,
legal, educational, administrative and military nature, through intelligence, counter-intelligence,
and through the effective overcoming of crises, in accordance with the legislation in force and with
international law. Therefore, foreign citizens can be declared undesirable at any time based on the
wording of Law no. 112/2008. Respectively, there is a need for sufficient and plausible arguments
for any approach to national security conditions. The justification that "national interest" is the
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