April 15, 2005

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