Secondly, turning to the use of diplomatic assurances: UNHCR supports the Committee’s view that diplomatic assurances must not be used as a loophole to undermine the principle of non-refoulement. Only when assurances can effectively guarantee protection from the risk of torture or other forms of ill treatment can reliance be placed upon them. As such, assurances must be a credible and suitable means of effectively eliminating the danger to the individual concerned. This will depend on whether the assurances provided are binding on those organs or agents of the state which are responsible for implementing measures that can eliminate the risk, and whether the state authorities providing the assurances are in a position to ensure compliance with the assurances given. In UNHCR’s view, it is essential that assurances contain an unequivocal guarantee that the person concerned is free from any danger and that clear procedures are established allowing for effective monitoring and access to an effective remedy in case of non-compliance. Thirdly, there are an increasing number of initiatives concerning the transfer of asylum-seekers from one country to another for the purpose of processing their asylum claims. Such initiatives, often done under special bilateral or multilateral state arrangements, involve the transfer to either a country where the asylum-seeker first sought or could have sought asylum, or to other countries with which the asylumseeker has no previous links. The legality and appropriateness of such arrangement and transfer needs to be assessed on a case-by-case basis. Hereby, among other safeguards, it needs to be guaranteed that the asylum-seeker will be treated in accordance with accepted international standards and will be protected against refoulement. In conclusion, UNHCR wishes to once again thank the Committee for this opportunity and reiterates its willingness and readiness to continue ongoing fruitful cooperation, including in the context of this Draft Revised General Comment. I thank you for your attention. 2

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