A/HRC/7/78
page 21
8.
Urges States, while countering terrorism, to fully comply with their obligations in
respect of torture and other cruel, inhuman or degrading treatment or punishment, in particular
the absolute prohibition of torture;
9.
Also urges States to fully respect non-refoulement obligations under international
refugee and human rights law and, at the same time, to review, with full respect for these
obligations and other legal safeguards, the validity of a refugee status decision in an individual
case if credible and relevant evidence comes to light that indicates that the person in question has
committed any criminal acts, including terrorist acts, falling under the exclusion clauses under
international refugee law;
10. Calls upon States to refrain from returning persons, including in cases related to
terrorism, to their countries of origin or to a third State whenever such transfer would be
contrary to their obligations under international law, in particular human rights law,
international humanitarian law and international refugee law, including in cases where there
are substantial grounds for believing that they would be in danger of subjection to torture,
or where their life or freedom would be threatened in violation of international refugee law
on account of their race, religion, nationality, membership of a particular social group or political
opinion, bearing in mind obligations that States may have to prosecute individuals not returned;
11. Also calls upon States to ensure that guidelines and practices in all border control
operations and other pre-entry mechanisms are clear and fully respect their obligations under
international law, particularly refugee law and human rights law, towards persons seeking
international protection;
12. Urges States, while countering terrorism, to ensure due process guarantees,
consistent with all relevant provisions of the Universal Declaration of Human Rights, and their
obligations under the International Covenant on Civil and Political Rights and of the
Geneva Conventions and their additional Protocols, and the 1951 Convention relating to the
status of refugees and the 1969 Protocol relating to the status of refugees, in their respective
fields of applicability;
13. Also urges all States to take all necessary steps to ensure that persons deprived of
liberty, regardless of the place of arrest or of detention, benefit from the guarantees to which they
are entitled under international law, including the review of their detention and, if subjected to
trial, fundamental judicial guarantees;
14. Opposes any form of deprivation of liberty that amounts to placing a detained person
outside of the protection of the law, and urges States to respect the safeguards concerning the
liberty, security and dignity of the person and to treat all prisoners in all places of detention in
accordance with international law, including human rights law and international humanitarian
law;
15. Acknowledges the adoption of the International Convention for the Protection of
All Persons from Enforced Disappearance by the General Assembly in its resolution 61/177
of 20 December 2006 and recognizes that its entry into force will be a significant event;
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