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