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Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 12
- Paragraph text
- Extraterritorial State acts (or omissions) - whether lawful or unlawful - often have a significant impact on the fundamental rights of individuals outside their borders, thereby implicating States' responsibilities under international human rights law. State actions that produce significant extraterritorial effects merit analysis through the prism of international human rights law. Such actions can include cross-border military operations or use of force (A/68/382 and Corr.1); the occupation of foreign territories; anti-migration and anti-piracy operations; peacekeeping, policing or covert operations in foreign territories; the practice of detaining persons abroad; extraditions, rendition to justice and extraordinary rendition; and the exercise of de facto control or influence over non-State actors operating in foreign territories. All these scenarios can involve the commission or risk of torture or other ill-treatment as defined by the Convention, international humanitarian law, international criminal law or customary international law. Of particular concern are States' attempts to undermine the absolute legal prohibition of torture and other ill-treatment by evading or limiting responsibility for extraterritorial acts or effects by their agents that contravene their fundamental legal obligations; to narrowly interpret treaty jurisdictional provisions; and to dilute well-established obligations to ensure and fulfil positive human rights obligations whenever they exercise control or authority over an area, place, individual(s) or transaction.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 54
- Paragraph text
- Throughout his tenure, the Special Rapporteur intends to continue some of the thematic work streams initiated by his predecessors, such as the envisaged protocol on non-coercive interviewing and other issues arising in the area of police custody and pretrial detention. Furthermore, the Special Rapporteur will also endeavour to widen the protection space for victims of torture and other cruel, inhuman or degrading treatment or punishment. To that end, he intends to take up a number of issues that have not yet received systematic attention from the international community, such as torture and other cruel, inhuman or degrading treatment or punishment occurring in relation to forced migration, in extra-custodial settings and at the hands of non-State actors.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 65
- Paragraph text
- The principle of non-refoulement is an important principle codified in several international instruments, considered part of international customary law and reflected in international jurisprudence prohibiting the return or extradition of a person to another State where there are substantial grounds for believing that he or she would face the risk of being tortured. States are thus not only prohibited from subjecting persons to torture but also from sending them to States where they face that risk, or through indirect or "chain" refoulement. The sending State is therefore responsible for undertaking a proper risk assessment of the situation in the receiving State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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