A/HRC/43/35 number of human rights situations that may constitute an indication of risk of torture. 41 Furthermore, according to the Committee against Torture, the person being transferred must be given a possibility to challenge the transfer. 42 Diplomatic assurances and other guarantees assuring that a person will not be tortured or suffer other irreparable harm upon transfer are not, in themselves, sufficient to satisfy the principle of non-refoulement where there are substantial grounds for believing that the person would be in danger of being subjected to torture. 43 Such assurances should be accompanied by a prior thorough examination of the merits of each individual case and be obtained following clear procedures, with adequate judicial mechanisms for review and effective monitoring mechanisms in place to assess whether they have been honoured.44 13. Extraordinary renditions raise extensive and complex human rights concerns, with clear implications for the integrity of the judiciary. By definition, they are often conducted secretly, extraterritorially and outside normal legal procedures, challenging the judicial system and the practical enjoyment of the right to a remedy through the use of that system. The Human Rights Committee and the Committee against Torture have found that persons subjected to extraterritorial detention following extraordinary renditions endured prolonged and indefinite deprivation of liberty without access to the ordinary criminal justice system. 45 While victims of such violations of human rights are entitled to reparations and effective remedy, 46 attempts to obtain remedies through domestic civil and criminal judicial proceedings have been hampered because key information was deemed a State secret or otherwise too sensitive to disclose.47 In accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, States are required to carry out prompt, independent and effective investigations whenever there is ground to believe that an act of torture or ill-treatment was committed in their jurisdiction and are obliged to prosecute or extradite persons suspected of engaging in such acts.48 In practice, however, the Committee against Torture has raised concerns that allegations of torture and illtreatment of persons detained extraterritorially have not been adequately investigated.49 In some cases, States have been reticent to prosecute agents who allegedly perpetrated violations in the course of extraterritorial detention50 or to surrender their own agents for such prosecution in other jurisdictions. On other occasions, criminal charges have been brought against only a limited number of low-level operatives.51 III. Impact on the integrity of the judicial system of extraterritorial detention in armed conflict 14. Armed conflicts may amount to emergency situations. While derogations from certain human rights norms, including the right to liberty of person, are permissible when such situations constitute a threat to the life of the nation, the Human Rights Committee has clarified that measures derogating from the provisions of the International Covenant on Civil and Political Rights must be of an exceptional and temporary nature and subject to a number of strict conditions. 52 Furthermore, some peremptory norms, including the prohibition on arbitrary detention, cannot be derogated from, 53 and procedural rights 41 42 43 44 45 46 47 48 49 50 51 52 53 6 Committee against Torture, general comment No. 4, para. 29. CAT/C/USA/CO/2, para. 20. Committee against Torture, general comment No. 4, para. 20. CAT/C/USA/CO/2, para. 21. See, e.g., CCPR/C/USA/CO/4, para. 21; CAT/C/USA/CO/2, para. 22. General Assembly resolution 60/147, annex. Court of Appeals, Fourth Circuit, El-Masri v. United States, Case No. 06-1667, 2 March 2007; ElMasri v. The Former Yugoslav Republic of Macedonia, para. 191. Arts. 5, 7 and 12. General Assembly resolution 60/147, annex, para. 4; International Covenant on Civil and Political Rights, art. 2. CAT/C/GBR/CO/5, para. 15; CAT/C/USA/CO/3-5, para. 12. See, e.g., El-Masri v. The Former Yugoslav Republic of Macedonia, paras. 186–194. CCPR/C/USA/CO/4, para. 5; Borelli, “Extraordinary rendition”, p. 372. International Covenant on Civil and Political Rights, art. 4; Human Rights Committee, general comment No. 29. A/HRC/22/44, paras. 51 and 75.