A/59/324
24. The Special Rapporteur, recalling his own general recommendations, wishes
also to refer to the statement issued by the Coalition of International NonGovernmental Organizations against Torture (CINAT) on 14 May 2004 and express
his full support for its recommendations, in particular its call for independent,
prompt and exhaustive investigations into and, where there is sufficient evidence,
prosecution of each and every allegation of torture or other abuse, and for
guarantees that there is no impunity for anyone found responsible, regardless of
position or rank. He also shares its view that a comprehensive review of
interrogation methods should be undertaken to ensure that they comply with
international standards prohibiting torture and ill-treatment, and that immediate
access of human rights monitors to detention facilities worldwide should be
guaranteed.
III. The principle of non-refoulement
25. In his report to the General Assembly at its fifty-seventh session, which
included a section on the prohibition of torture and other forms of ill-treatment in
the context of anti-terrorism measures, one of the issues raised was the right to seek
asylum, the principle of non-refoulement and extradition (see A/57/173, paras. 2735). There is no doubt that all human rights issues and, in particular, those
pertaining to the prohibition of torture and other forms of ill-treatment continue to
be highly relevant to the struggle to prevent and combat acts and strategies of
terrorism. Therefore, the Special Rapporteur reverts to these issues and wishes to
pay particular attention to the principle of non-refoulement which, like other human
rights principles, risks being eroded.
26. It must be recalled that the principle of non-refoulement is firmly anchored in
international human rights law, notably in article 3 of the Convention against
Torture, which states that “no State Party shall expel, return ‘refouler’, or extradite a
person to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture”. In the same vein, the Human
Rights Committee considered the link between removal, expulsion or refoulement
and torture in its General Comment No. 20: “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”.
27. With respect to the principle of non-refoulement, it is the essential
responsibility of States to prevent acts of torture and other forms of ill-treatment
being committed, not only against persons within any territory under their own
jurisdiction, as spelled out in article 2, paragraph 1, of the Convention, but also to
prevent such acts by not bringing persons under the control of other States if there
are substantial grounds for believing that they would be in danger of being subjected
to torture. As the International Criminal Tribunal for the Former Yugoslavia
cogently argued in Furundzija: “It is insufficient merely to intervene after the
infliction of torture, when the physical or moral integrity of human beings has
already been irremediably harmed. Consequently, States are bound to put in place
all those measures that may pre-empt the perpetration of torture”.6
28. The principle of non-refoulement is an inherent part of the overall absolute and
imperative nature of the prohibition of torture and other forms of ill-treatment. In
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