believing that these persons would be at risk of being subjected to torture, is in itself a violation of
Article 3 of the Convention.”131
98. As illustrated through the cases of Canadian citizen Maher Arar, rendered to Syria (following the
sharing of intelligence information by Canadian authorities) and of Abdul-Hakim Belhaj, rendered to
Libya (following the provision of information by UK authorities), the provision of information by
State authorities can equally violate States’ obligations until Article 3, by facilitating transfers
exposing individuals to torture or other ill-treatment.132
99. Certain recommendations of the Commission of Inquiry into the Actions of Canadian Officials in
Relation to Maher Arar133 are applicable to other States parties and, we believe, should be endorsed
by the Committee. The Committee should urge States parties to ensure that whenever they provide
information to other States, they do so in accordance with clearly established policies concerning
screening for relevance, reliability and accuracy and with relevant laws in place concerning personal
information and human rights and ensuring accountability (Recommendation 8). Further, informationsharing practices and arrangements should be subject to review by an independent, arms-length review
body (Recommendation 10). In particular, the Committee should endorse Recommendation 14, that
information should never be provided to a foreign country where there is a credible risk that it will
cause or contribute to the use of torture and that policies should include specific directions aimed at
eliminating any possible complicity in torture, avoiding the risk of other human rights abuses and
ensuring accountability.134
Recommended Textual addition:
Non-refoulement obligations arise whenever States parties know or ought to know of the risk of
transferring a person from their jurisdiction, in whatever manner, including when carried out by third
parties (e.g. operatives of other states or private individuals) which they know or ought to know would
expose the concerned individual to a real risk of torture or other ill-treatment, whether the risk emanates
from States or non-state actors.
States Parties must take all necessary measures to prevent refoulement, including concrete measures to
prevent third parties (be they State or non-State) from subjecting individuals under their jurisdiction
to kidnappings and involuntary transfer from their territory, and must not assist in any way other States
or other third parties who plan to render or otherwise forcibly transfer individuals to a country where
they would face a real risk of torture or other ill-treatment.
131
CAT, Concluding Observations: Portugal, UN Doc. CAT/C/PRT/CO/5-6, 23 Dec. 2013, para 13.
See also, CAT, Concluding Observations: Canada, UN Doc. CAT/C/CAN/CO/6, 25 June 2012, para.16.
133
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar ‘Report of the Events Relating
to
Maher
Arar:
Analysis
and
Recommendations’,
2006,
Available
at:
http://publications.gc.ca/collections/Collection/CP32-88-1-2006E-AR.pdf
134
Ibid, Recommendation 14.
132
43
AI Index: IOR 40/6040/2017
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