concerned of a consistent pattern of gross, flagrant or mass violations of human rights. The
protection afforded by the CAT is wider that that provided by the Refugees Convention as it
applies to any persons, not only those accorded refugee status, who for any reason are in
danger of being subjected to torture if returned to another country. Nor does the CAT contain
any exception to the non-refoulement obligation based on grounds of national security, public
order or danger to the community.140 The obligations set out in the CAT would suggest that
even an individual who cannot benefit from refugee protection should not be returned to a
place where he or she would be subject to torture. Such protection would extend to include a
person who is excluded from the application of the Refugees Convention or cannot benefit
from its protections because of involvement in terrorist activities.
There is also a wider principle of refuge in international law which applies where the facts are
such as to indicate a serious risk of harm befalling those who are compelled to flee their
country of origin for valid reasons including war, violence, conflict, violations of human
rights or other serious disturbance of public order. It is unclear, however, the extent to which
this has become a customary norm of international law.141 Even those suspected of terrorism
may nevertherless come within this wider principle where there would be serious risk to the
person’s life or liberty if returned to their country of origin. The Human Rights Committee
has expressed the view that the principle of non-refoulement prohibits the transfer of a
person, including those suspected of links to terrorism, to a country where their life or
freedom would be threatened.142 The Advisory Council notes here too, the issues involved in
returning even a person whom there is serious reason to suspect of terrorism to their country
of origin if that country is likely to ignore the requirement of according due process.
The Human Rights Committee has expressed concern at the expulsion of suspected terrorists
to their countries of origin, even where there are guarantees that their human rights would be
respected. It points out that the persons expelled could face risks to their personal safety and
lives, especially in the absence of serious efforts to monitor the implementation of such
guarantees. The Human Rights Committee stressed that when a State party expels a person to
140
Article 2 CAT.
See the discussion in Guy Goodwin-Gill, The Refugee in International Law (2 ed, 1996) at 6.1. See also the
discussion at 2.5.1 as to whether the non-refoulement principle in Article 33(1) extends past refugees and
asylum seekers to all (whether entitled to the protection of the Refugee Convention or not) whose life or
freedom may be threatened on account of race, religion, nationality, membership of a particular social group or
political opinion.
142
See Concluding Observations: Canada CCPR/C/ 79/Add.105 (1999).
141
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