Background Briefing

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Conclusion

Amnesty International, Human Rights Watch and the International Commission of Jurists consider that diplomatic assurances against torture and ill-treatment circumvent and are inconsistent with the absolute, non-derogable prohibitions of torture and other ill-treatment and forcibly returning a person to a place where he or she risks being subjected to torture or other ill-treatment.

As highlighted above, diplomatic assurances have proved to be an ineffective safeguard against torture and other ill-treatment, even when they contain a mechanism for post-return monitoring. They also ignore the need for systemic reforms in receiving states.

The organizations consider that the elaboration of minimum standards for the use and content (and reliance on) diplomatic assurances is incompatible with states’ obligations under international law, and undermine efforts - including of member states, bodies and mechanisms of the Council of Europe - to prevent and eradicate torture and other ill-treatment world-wide.

Amnesty International, Human Rights Watch and the International Commission of Jurists therefore call on the member states of the Council of Europe;

  • to reject any proposal to establish minimum standards for the use of diplomatic assurances against the risk of torture and other ill-treatment within the framework of the Council of Europe or elsewhere.

    The organizations also urge all the member states of the Council of Europe:

  • to refrain from using diplomatic assurances or similar bilateral agreements to justify involuntary transfers of individuals to countries where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or other ill-treatment;

  • to ensure that any person subject to transfer has the right, prior to transfer, to challenge its legality before an independent tribunal. Persons subject to transfer must have access to an independent lawyer and a right of appeal with suspensive effect;

  • to ensure that continued energy and resources are focussed on assisting governments to take the range of necessary legislative, administrative judicial and other measures necessary to ensure system-wide implementation of the international obligation to prevent and prohibit torture.43 




    [43] To this end, among other things, see Amnesty International’s 12 Point Programme for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Agents of the State available at http://web.amnesty.org/library/index/engact400012005


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