A/HRC/4/88 page 9 provisions for guarding against abuses. For example, article 14, paragraph 2, of the Universal Declaration of Human Rights states that the right to seek and enjoy asylum “may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations”. Similarly, article 33, paragraph 2, of the Convention relating to the Status of Refugees limits the ambit of the rule against refoulement where “there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country”. Where a person has already been granted refugee status, that status may be cancelled where there is new evidence which, had it been available at the time that the refugee application was considered, would have led to a refusal of status. Moreover, the obligations under the Refugee Convention do not apply to the country of refuge where the exclusion clauses under article 1F of the Convention are applicable. In particular, article 1F (b) of the Convention relates to the commission by the applicant of serious non-political crimes, which may include acts of terrorism, prior to the person’s admission to the country of refuge. States should make every effort to ensure the scrupulous application of the provisions reflected in articles 1F and 33 (2), paragraph 2, of the Convention. Even in these cases, however, the human rights prohibition against refoulement continues to apply. 21. All States have a positive obligation to ensure that their territory is not used to transfer persons to places where they are likely to be subjected to torture, including taking all practical steps to determine whether foreign movements through its territory involve such practices whether are grounds so to believe. However, there are a number of practical challenges in this regard facing States whose territory is used to facilitate the transfer of an individual terrorism suspect. For example, what procedures should a State impose as a minimum obligation to satisfy these positive obligations and ensure that it is not complicit in the practice of “irregular” transfers? 22. At a minimum, States must ensure that any transfer of persons from one territory to another are undertaken pursuant to a prescription by law and within the framework of international law. In addition, judicial oversight and review must be available prior to any transfer, and investigations must be undertaken in response to credible allegations of rendition involving a real risk of torture. In any event, an assessment of all the circumstances should be made, including the prior practice on the part of the transiting State; the origin and destination of the transiting aircraft or vehicle; the preparedness or otherwise of the transiting State to share information and/or provide assurances; and, in the case of aircraft, the status of the aircraft under article 4 of the Convention on International Civil Aviation (Chicago Convention). C. Individual sanctions 23. Targeted sanctions against individuals suspected of involvement in terrorist activity may be an effective tool in States’ efforts to combat terrorism. For example, the freezing of an individual’s financial assets or the imposition of a travel ban may be important means for tracking, and even preventing, terrorist activity. However, the current international regime of sanctions against individuals suspected of involvement in terrorist activity poses a number of serious challenges to human rights. The human rights implications of national and international listing mechanisms for terrorist organizations and individuals suspected of terrorist activity,

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