4. Diplomatic assurances are usually sought on an individual basis, with regard to particular persons whom the host State intends to extradite or otherwise remove from its territory. More recently, however, diplomatic assurances in the form of general clauses concerning the treatment of deportees have been included in agreements governing the deportation of persons from one State to another. 6 5. Diplomatic assurances given by the receiving State do not normally constitute legally binding undertakings. They generally provide no mechanism for their enforcement nor is there any legal remedy for the sending State or the individual concerned in case of non-compliance, once the person has been transferred to the receiving State. Given that diplomatic assurances are sought only when the sending State perceives a need for guarantees with regard to the treatment of the person concerned in the receiving State, questions arise as to the conditions under which the sending State may rely on such assurances as a basis for removing a person from its territory in keeping with its obligations under applicable international as well as national standards. 6. This note examines the use of diplomatic assurances from the point of view of international refugee protection. Two areas are of particular interest. First, it is necessary to clarify the significance of diplomatic assurances where the host State intends to transfer a refugee or asylum-seeker to another country in circumstances which may expose him or her to a risk of persecution. This is addressed in Part II of the note, which provides an overview of the host State’s obligations stemming from the prohibition of refoulement under international refugee and human rights law as well as customary international law, and analyzes their implications for the use of diplomatic assurances. 7 Second, where diplomatic assurances are given with regard to an asylumseeker, this raises questions as to the impact they may have on the determination of his or her eligibility for refugee status. Part III of this note deals with relevant procedural and substantive issues. paragraphs 9–10 and 18–20; Special Rapporteur of the UN Commission on Human Rights on torture and other cruel, inhuman or degrading treatment or punishment, Report submitted pursuant to General Assembly resolution 58/164, UN document A/59/324, 1 September 2004 (hereafter: “Special Rapporteur on Torture, Report of 1 September 2004”), at paragraphs 29–30; Report of the Independent Expert on the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism to the UN Commission on Human Rights, U.N. Doc. E/CN.4/2005/103, 7 February 2005, at paragraphs 54–56. See also Human Rights Committee, Concluding Observations on Yemen (U.N. Doc. CCPR/CO/84/YEM, 9 August 2005, at paragraph 13); Canada (U.N. Doc. CCPR/C/CAN/CO/5, 2 November 2005); Committee Against Torture, Concluding Observations/Comments on Canada (U.N. Doc. CAT/C/CR/34/CAN, 7 July 2005, at paragraph 4(b)); United Kingdom (U.N. Doc. CAT/C/CR/33/3, 10 December 2004, at paragraph 4(d). 6 See the Memorandum of Understanding regulating the provision of undertakings in respect of specified persons prior to deportation concluded between the United Kingdom and Jordan on 10 August 2005. A similar agreement was concluded between the United Kingdom and Libya on 18 October 2005. 7 This note does not address questions related to the principle of non-refoulement in international humanitarian law. 3

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