A/HRC/34/54 countries of origin or relocated to countries of transit under readmission agreements negotiated with countries that may have committed gross human rights violations, including torture. In doing so, the Special Rapporteur will advocate for the full application of article 3 of the Convention, which provides that no State party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture, and that for the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. 38. The Special Rapporteur fully endorses the long-standing jurisprudence and doctrine stating that the absolute prohibition against refoulement contained in the Convention against Torture is stronger than that found in refugee law under article 33 of the 1951 Convention relating to the Status of Refugees. This absolute prohibition means that persons may not be returned even when they may not otherwise qualify for refugee status under the 1951 Convention or domestic law. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylee status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases where non-refoulement under refugee law may be circumscribed. 11 39. Finally, the Special Rapporteur is also interested in researching how to better assist States in preventing and investigating acts of torture and other ill-treatment suffered by refugees, asylum seekers and other irregular migrants at the hands of non-State actors such as traffickers and smugglers. 40. The Special Rapporteur intends to contribute to the ongoing reflection on the links between forced migration and torture. To this end, he hopes to conduct consultations with relevant stakeholders with a view to preparing a thematic report addressing the specific issue of torture and ill-treatment faced by migrants and refugees. Through this report, the Special Rapporteur hopes to contribute to the overall efforts of the international community towards the adoption of a global compact for safe, orderly and regular migration by 2018. D. Extra-custodial use of force 41. In the past, the attention of the mandate has focused predominantly on fighting the use of torture and other cruel, inhuman or degrading treatment or punishment against persons deprived of their liberty. It has not yet systematically examined the extent to which the use of force by law enforcement officers and other officials outside the context of detention (so-called extra-custodial use of force) can come within the purview of the mandate. The question is particularly relevant where State officials resort to unnecessary, disproportionate or otherwise excessive force without, however, directly infringing the right to life. While it is clear that States must be in a position to use all appropriate means, including necessary and proportionate force, with a view to maintaining public security and law and order, experience shows that it is precisely in situations where force is used in insufficiently controlled environments that the risk of arbitrariness and abuse is highest. 42. The Special Rapporteur therefore aims to clarify how terms such as “torture”, “cruel”, “inhuman” and “degrading” should be interpreted within the context of extracustodial use of force, particularly in view of potential justifications such as law enforcement, crowd control, or self-defence or defence of others. He will also examine how this subject area interrelates with the protection of other fundamental rights such as, most 11 10 Human Rights Committee, general comment No. 20, para. 9. See also paragraph 7 of General Assembly resolution 70/146 and Human Rights Council resolution 16/23.