A/HRC/43/46/Add.1 communities in building resilience towards the threat of violent extremism leading to terrorism. F. Issues related to non-refoulement, citizenship and resettlement 1. Non-refoulement 51. During her visit, the question of the risks faced by ethnic Kazakhs who enter Kazakhstan from the Xinjiang Uighur Autonomous Region in China was brought to the attention of the Special Rapporteur. She notes that, in March 2019, the United Nations High Commissioner for Human Rights called for an independent assessment of the continuing reports that pointed to wide patterns of enforced disappearances and arbitrary detentions. In this respect, and without prejudging the situation, the Special Rapporteur recalls that, in any request to expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be at risk of being tortured, the principle of nonrefoulement must be fully respected, as an absolute principle of international and customary law. 2. Deprivation of citizenship 52. The Constitution (art. 10 (2)), Criminal Code (arts. 40 and 50 (1)) and the recently amended Law on Citizenship (art. 19) collectively allow for the stripping of citizenship for terrorism-related offences, including for participation in foreign conflicts or extremist activities overseas. Citizens of Kazakhstan are legally permitted to hold one nationality. 53. Under international law, States may deprive individuals of nationality when they have conducted themselves in a manner seriously prejudicial to the vital interests of the State, 35 provided that the measure complies with the requisite safeguards, including the opportunity to effectively challenge decisions before an independent body (ideally judicial) (A/HRC/25/28, paras. 31–34, and A/69/10, p. 32). Decisions must respect the absolute prohibition on non-refoulement (A/62/263, paras. 50–51). The Special Rapporteur was informed that the provisions on deprivation of citizenship have not been invoked in terrorism cases; she would encourage the Government to adhere to international law standards on this matter.36 3. Resettlement 54. The Special Rapporteur was informed about the situation of two individuals who had been transferred to Kazakhstan from Guantanamo Bay in 2014, after having spent 10 years in detention and having being cleared for release through the stringent review process carried out by the Guantanamo Review Task Force. These individuals were released on the assurance that resettlement would be permanent and that they would be able to safely rebuild their lives. Yet, it is reported that, apart from a brief period when they received asylum-seeker documents, they were never afforded a clear legal status in Kazakhstan. She underscores that, regardless of their current status in Kazakhstan, these individuals remain fully protected under international human rights law, including by the absolute prohibitions on torture and ill-treatment, refoulement and arbitrary detention. She recalls the right of these individuals to a private and family life. She urges the Government to find a human rights-compliant solution to their plight, either within Kazakhstan or in a safe third country. G. Foreign fighters and their family members 55. The Special Rapporteur is mindful of the challenges related to the return of foreign fighters from conflict zones, including individuals who may have committed terrorist acts or other crimes under international law. She commends the decision of Kazakhstan to actively engage in the return of its citizens from conflict zones. This good practice 35 36 16 Convention on the Reduction of Statelessness, art. 8 (3) (a) (ii). Ibid., art. 8 (1).