A/HRC/43/35
(d)
Establish and implement clear procedures for obtaining such assurances,
with adequate judicial mechanisms for review and effective post-return monitoring
arrangements.
47.
States engaging in extraterritorial armed conflict should, to the fullest extent
possible, implement the following mitigating measures to preserve the integrity of the
judicial system and prevent violations of international law:
(a)
Plan in advance of operations to ensure that procedures will be set in
place and that the personnel deployed will be sufficient in number and adequately
resourced and will have the training and expertise necessary to operate detention
facilities in conformity with norms and standards under international human rights
law and international humanitarian law;
(b)
Agree upon and maintain any detainee transfer procedures and effective
subsequent monitoring of treatment by the transferring State in order to fully
conform with the principle of non-refoulement;
(c)
Establish binding agreements with the host State and other relevant
States setting out legal parameters for detention that correspond with the
requirements of international law, including access to effective remedies for violations
of human rights.
48.
In cooperating with third parties in activities involving detention, including the
detention of migrants and security detention, States should:
(a)
Prior to the start of cooperation, conduct human rights risk assessments,
examining the impact that their cooperation activities may have on the human rights
of detainees, including protection from refoulement;
(b)
Develop risk mitigation strategies, which should clearly set out the steps
that will be taken to ensure that human rights violations do not occur, and suspend
the implementation of planned cooperation activities when risks of human rights
violations cannot be sufficiently mitigated;
(c)
Subject cooperation activities to independent mechanisms to monitor
their impact on the enjoyment of human rights by those affected and immediately
suspend cooperation if it is shown that these activities have a detrimental impact on
human rights;
(d)
Ensure that persons potentially affected by cooperation activities have
access to an effective system of redress, including before courts of competent
jurisdiction.
49.
The High Commissioner encourages all relevant stakeholders, including human
rights mechanisms, to continue to consider, within their respective mandates, the
human rights impacts of the deprivation of liberty carried out or facilitated by States
outside their own territory.
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