British Government's Diplomatic Assurances Policy

The British government has sought to deport terrorism or national security suspects in reliance on diplomatic assurances against torture from the men's home governments. In two important cases to be heard in October 2008-RB and U v. Secretary of State for the Home Department and Secretary of State for the Home Department v. OO (Othman), regarding deportations to Algeria and Jordan respectively-the House of Lords will directly examine whether such diplomatic assurances are sufficient to eliminate the real risk of abuse these suspects face on return. Human Rights Watch and JUSTICE, the London-based affiliate of the International Commission of Jurists, intervened in these cases and submitted this amicus brief arguing that assurances from countries where torture and ill-treatment are routine are inherently unreliable and do not work. They also undermine the international legal prohibition against returning persons -- no matter what they are suspected of -- to places where they are at risk of torture or other ill-treatment.