decision in circumstances where the fugitive has suffered or risks suffering a flagrant denial of a fair trial in the requesting country…. --Soering v. the United Kingdom, ECHR, 7 July 1989 (paras. 88, 113). Inter-American System The Commission considers that, taking into account the fundamental right of the individual to seek asylum from persecution and to be heard in making that presentation through an effective procedure -- rights recognized in the American Declaration -- as well as the legitimate right and duty of the State to uphold citizen security and public order, issues of eligibility to enter the determination process should be placed within the competence of the [Convention Refugee Determination Division]. Given the interests at stake, these eligibility determinations would necessarily involve a different, more expedited procedure than the refugee determination process. While the denial of eligibility to enter the determination process involves a small number of individuals, the nature of the rights potentially at issue – for example, to life and to be free from torture – requires the strictest adherence to all applicable safeguards. Those safeguards include the right to have one’s eligibility to enter the process decided by a competent, independent and impartial decisionmaker, through a process which is fair and transparent. The status of refugee is one which derives from the circumstances of the person; it is recognized by the State rather than conferred by it. The purpose of the applicable procedures is to ensure that it is recognized in every case where that is justified. […] [T]he prohibition of torture as a norm of jus cogens -- as codified in the American Declaration generally, and Article 3 of the UN Convention against Torture in the context of expulsion -- applies beyond the terms of the 1951 Convention [relating to the Status of Refugees]. The fact that a person is suspected of or deemed to have some relation to terrorism does not modify the obligation of the State to refrain from return where substantial grounds of a real risk of inhuman treatment are at issue. --IACHR, OEA/Ser.L/V/II.106, Doc. 40 rev., February 28, 2000 (paras. 70, 154). ***** An alien lawfully in a country may be expelled or deported from it only pursuant to a decision made in accordance with law (Article 22(6) of the American Convention on Human Rights). This means that states must enact legislation conferring powers for deportation and that all decisions must be made according to the regulations in place and not arbitrarily. Moreover, the meaning of “law” in Article 22 is not limited to acts of the legislative branch in a formal sense. In the material sense the context of such acts must be in full accordance with the 83