A/HRC/43/35 have facilitated detentions outside their territory by third parties without the appropriate procedural safeguards and judicial guarantees required by international law, thus contributing significantly to risks of human rights violations. In order to ensure that extraterritorial detention does not compromise the integrity of the judicial system and to facilitate the provision of effective remedies for human rights violations suffered in the course of such detention, a number of measures are recommended, as outlined below. 37. States should recognize and ensure that their human rights obligations apply to, and are fully enjoyed by, all persons under the effective control of their agents, wherever those persons are located in the world, including persons detained extraterritorially in the context of armed conflict. 38. Detention carried out outside of States’ borders, including in situations of armed conflict or emergency, must be under the effective control of a court or other tribunal possessing the same attributes of independence and impartiality as the judiciary. In relation to administrative detention, States should also ensure that independent, prompt and thorough procedures to review the circumstances of detention and the status of detainees are available to all detainees. Detained persons have a right to institute proceedings to challenge unlawful or arbitrary detention. 39. Victims of human rights violations in extraterritorial detention should be provided with judicial remedies and adequate, effective and prompt reparation proportionate to the gravity of the violations and the harm suffered. 40. Extraterritorial detention by intelligence services should be governed by law and must be in conformity with international law. To ensure accountability, such detention should be subject to effective independent review and oversight mechanisms with access to all relevant information. 41. States should adopt all measures necessary to prohibit secret detention and other forms of unofficial detention in any territory under their jurisdiction. 42. States must ensure that independent institutions promptly investigate any allegations of secret detention, enforced disappearance and unlawful acts committed in the context of extraterritorial detention. 43. All necessary measures should be adopted by States to prevent the recurrence of violations related to extraterritorial detention, in particular by providing adequate training and clear guidance to relevant personnel and contract employees, including with respect to access to judicial and administrative remedies, in line with States’ obligations under international law. 44. States should ensure the registration of all detainees held by them, in any territory, and the maintenance of appropriate records in all circumstances. 45. Independent and impartial mechanisms should have timely access, at all times, to all places where persons are deprived of their liberty. States that have not already done so should consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 46. States must comply with the principle of non-refoulement at all times and with respect to all persons they detain. Accordingly, they should: (a) Conduct individualized risk assessments prior to transfers and desist from transfers to an authority in whose hands the detainee would face a real risk of torture, cruel, inhuman or degrading treatment or punishment or other irreparable harm, or who may in turn transfer them into a situation of such risk; (b) Ensure that detainees have the possibility to effectively challenge decisions of refoulement before competent administrative and judicial authorities; (c) As recommended by the Committee against Torture, rely only on diplomatic assurances provided by States that do not systematically subject detainees to torture, ill-treatment or other violations of human rights, and, after a thorough examination of the merits of each individual case, ensure that relevant assurances are effective in addressing the real risks of harm; 14