Still at Risk:
Diplomatic
Assurances No Safeguard Against Torture
Table of Cases
Executive Summary
The Legal Prohibition against Returns to Risk of Torture
and Ill-Treatment
International Law..
U.N. Convention against Torture
International Covenant on Civil and Political
Rights
1951 Convention Relating to the Status of
Refugees
International Humanitarian Law..
Customary International Law..
Regional Human Rights Law..
European Convention on Human Rights
The Nexus between the Nonrefoulement Obligation and
Diplomatic Assurances
Council of Europe Commissioner for Human Rights
U.N. Special Rapporteur on Torture
U.N. Independent Expert on the Protection of
Human Rights and Fundamental Freedoms While Countering Terrorism...
Diplomatic Assurances are No Safeguard against Torture
The Limits of Diplomacy
Trusting States to Honor Unenforceable Assurances
The Tacit Acceptance of Torture
The Limits of Post-Return Monitoring
False: Torture is Easy to Detect
False: Monitoring Provides an Accountability
Mechanism...
The Principle: Diplomatic Assurances Undermine the
Nonrefoulement Obligation
Developments Regarding Diplomatic Assurances Since April
2004
North America
United States
Case of Yemeni Detainees and Transfers from Guantnamo
Bay
Update: Case of Maher Arar
Renditions and Assurances: U.S. Acknowledges "No Control"
Post-Transfer
No Effective Opportunity to Challenge Reliability of
Assurances
Legislative Initiatives
9/11 Recommendations Implementation Act
Torture Outsourcing Prevention Act: Markey Bill
Convention against Torture Implementation Act 2005: Leahy
Bill
Case of Ashraf al-Jailani
Canada
Case of Adil Charkaoui
Denied Protection
Morocco's Assurances
Morocco's Record of Abuse
Case of Mohamed Zeki Mahjoub
Case of Lai Cheong Sing and Family
Europe
Sweden
Update: Cases of Ahmed Agiza and Mohammed al-Zari
Call for International Investigation into the Men's
Transfers
Torture Despite Assurances
Unfair Trial Despite Assurances
Sweden's Responsibility
United Kingdom...
Foreign Nationals Formerly Subjected to Indefinite
Detention without Charge
Case of Hani El Sayed Sabaei Youssef and Others
The Netherlands
Case of Nuriye Kesbir
Turkey's Record of Abuse
Turkey's Assurances
High Court Halts Extradition: Assurances not Sufficient
Austria
Case of Akhmed A.
Turkey
Update: Mamatkulov and Askarov v. Turkey
Recommendations
Acknowledgements