Human Rights Watch: Georgia returns terrorist suspects to countries practicing torture, including Russia

Individuals suspected of terrorism should never be returned to a country where they risk torture and ill-treatment, Human Rights Watch said in the new report "Empty Promises: Diplomatic Assurances No Safeguard against Torture" on April 15. Promises of fair treatment by states with well-known records of torture are inherently unreliable, and governments that justify returns through such promises, known as "diplomatic assurances," are violating the absolute prohibition against torture and eroding a fundamental principle of international law.

"Returns should never take place unless governments can be absolutely certain that torture will not occur," said Rachel Denber, acting executive director of Human Rights Watch's Europe and Central Asia Division. "Governments cannot turn a blind eye when the potential victim happens to be accused of terrorism, then justify returns based on unreliable promises from countries with a track record of torture."

The governments of Austria, Canada, Georgia, Germany, Sweden, Turkey, the United Kingdom and the United States have all sought to return terrorist or national security suspects to countries where torture is a widespread or systematic problem, including Egypt, the Philippines, Russia, Sri Lanka, Syria and Uzbekistan. Some individuals returned have been tortured or seriously ill-treated upon return, and Human Rights Watch said there is real concern for the safety of many more.

The report calls on governments to ensure that diplomatic assurances are never used to circumvent the absolute obligation not to return a person to a country where he or she is at risk of torture or ill-treatment.

Human Rights Watch recommends that the U.N. Special Rapporteur on Torture examine and establish clear standards and criteria for the use of diplomatic assurances by governments with the purpose of ensuring that governments adhere to their absolute obligation not to expose persons to a risk of torture.