A/HRC/4/40
page 28
(a)
Governments removing persons in their custody from their territory and into
the custody of another Government should do so within proceedings that offer adequate
safeguards, in particular to argue before an independent body offering judicial guarantees
that removal would expose those persons to extrajudicial killing, torture or other cruel,
inhuman or degrading treatment, or arbitrary detention and denial of a fair trial;
(b)
Governments should not engage in so-called “renditions”, which undermine
such guarantees and are very likely to result in arbitrary detention;
(c)
Governments should refuse to give assurances that they will deprive of their
freedom persons transferred to their territory, unless such assurances can be given in
accordance with both the domestic legislation and the Government’s international human
rights obligations.
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