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. 15

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents