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,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents