A/HRC/13/39/Add.5 children in detention are even at a higher risk of abuse and ill-treatment than adults. They are more likely to be subjected to corporal punishment and abuse by fellow detainees. 237. Other highly vulnerable groups are persons with disabilities, both in general detention facilities and in psychiatric institutions; persons with diseases, such as tuberculosis or HIV/AIDS; drug addicts; the elderly; or persons suspected of specific crimes. In Nigeria, for example, persons suspected of having committed armed robbery, were usually separated from other detainees and faced a higher risk of being subjected to particularly harsh treatment, such as being shot in their legs from short distances.184 In many countries, persons suspected of drug-related crimes are separated from other detainees and subjected to special treatment, including the deliberate denial of any drug substitutes.185 Persons suspected of terrorism and similar crimes are also often held separate from other detainees,186 sometimes even in secret places of detention and other facilities outside the protection of the law.187 IV. Non-refoulement A. Meaning and scope 238. The principle of non-refoulement is an important principle of international law prohibiting the expulsion, return or extradition of a person to another State where there are substantial grounds for believing that he or she would face the risk of being tortured. It is codified in international conventions (article 3 CAT, article 33 Refugee Convention) and considered a part of the prohibition of torture and ill-treatment (article 7 ICCPR, article 3 ECHR) according to the well-established case law of the Human Rights Committee (HRC)188 and the European Court of Human Rights.189 Furthermore, it is considered as part of international customary law, thus binding all States irrespective of the ratification of any of the mentioned treaties.190 As a consequence, States are not only prohibited from subjecting persons to torture by its own authorities but also from sending them to a State where they run the risk of being tortured. This includes the sending of aliens to a State that will send them to a third State where they risk being tortured, so called indirect or ‘chainrefoulement’. It is therefore the responsibility of the sending State to assess the general situation in the receiving State and the risk of the particular individual concerned upon return. 239. The refoulement procedure is not to be equated with the asylum procedure. While article 33 Refugee Convention foresees limitations to the principle for the protection of national security (para. 2) and applies only to refugees as defined in the Convention, articles 3 CAT, 7 ICCPR and 3 ECHR apply to every person and are not subject to any limitation or exclusion clauses. Consequently, the non-refoulement principle is absolute and applies irrespective of the victim’s conduct. Nevertheless, there are many similarities 184 185 186 187 188 189 190 64 A/HRC/7/3/Add.4, para 39. A/HRC/7/3/Add.7, para 22, A/HRC/7/3/Add.6. A/HRC/4/33/Add.3, pars 40–47, A/HRC/7/3/Add.7, A/HRC/7/3/Add.6, para 70. E/CN.4/2006/120 and A/HRC/13/42. CCPR/C/48/D/470/1991, para. 13.2; HRI/GEN/Rev.7, pp. 150 et seq., para. 9. ECtHR, Jabari v. Turkey, 11.07.2000, Application no 40035/98, para. 38. M. Nowak, U.N. Covenant on Civil and Political Rights, CCPR Commentary, second edition, (Engel, Kehl, 2005), Art. 7, para. 45; UN Declaration on Territorial Asylum 1967; GA Resolutions 37/95, 48/116; Sanremo Declaration on the Principle of Non-Refoulement; UNHCR ExCom Conclusions on International Protection No. 25 (1982), No. 55 (1989), No. 79 (1996).