No return to torture: new CTI tool on non-refoulement developed by the ICJ

Developed by the ICJ for the Convention Against Torture Initative (CTI), a new tool on non-refoulement has been launched today. It shares over 15 examples of legal and procedural safeguards that States have developed to give it effect at the domestic level.

The new CTI tool on non-refoulement covers:

  • constitutional and legislative provisions;
  • national procedures;
  • procedural rights to be guaranteed to those facing deportation or expulsion;
  • training; and
  • visa and stay arrangements for when return is prohibited.

There is also a section on non- refoulement in the extradition context.

The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.

The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.

Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).

The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.

CTI’s series of UNCAT Implementation Tools are available here.

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