Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 41
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The absolute prohibition against refoulement, which is aimed at protecting individuals from torture and other ill-treatment, is stronger than that found in refugee law, meaning that persons may not be returned even when they may not otherwise qualify for refugee or asylum status under article 33 of the 1951 Convention relating to the Status of Refugees 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.
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Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment