A/HRC/4/40 page 20 42. This preference for accusations of involvement in terrorist crimes to be put in the form of criminal charges and aired in a criminal trial, where procedures are in place to test them, instead of remaining amorphous and often as secret suspicions underlying unchallenged administrative detention is not peculiar to the anti-terror conventions. It is already implied in article 11 of the Universal Declaration of Human Rights, the first paragraph of which reads: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.” Articles 9 and 14 of the International Covenant on Civil and Political Rights are inspired by the same preference for criminal proceedings. 43. Extradition proceedings can only take place if there is a request to that end by a State different from the one on whose territory the terrorism suspect is found. International law also recognizes the right of States to expel or deport from their territory non-citizens who represent a threat to national security9 in the absence of a request for extradition. What distinguishes deportation or expulsion from the practice of renditions, however, is that they have a basis in national law and are preceded by an administrative process resulting in a decision which is notified to the person to be expelled or deported and can be challenged before a court. This opportunity to challenge the removal from the territory of the State is essential to uphold the principle of non-refoulement. D. Non-refoulement 44. The principle of non-refoulement is enshrined in both international refugee law and international human rights law. Article 33 of the 1951 Convention relating to the Status of Refugees, which reflects customary international law,10 states as follows: “1. No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. “2. The benefit of the present provision may not, however, be claimed by a refugee whom 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.” 9 10 See paragraph 2 of article 33 of the 1951 Convention relating to the Status of Refugees. The United Nations anti-terrorism conventions also acknowledge the need to protect fundamental rights of those whose extradition is requested in connection with charges of terrorism (see, for example, articles 12 and 14 of the International Convention for the Suppression of Terrorist Bombings).