Abstract
Deportation of foreign national security suspects to States where they may face a real risk of torture and other human rights breaches is becoming an increasingly frequent counter-terrorism measure. To effectively reduce these risks, so as not to be in breach of their non-refoulement obligations, removing States, most notably the United Kingdom, are obtaining diplomatic assurances from receiving States that persons returned will be treated in accordance with their human rights. Verification of these assurances, through monitoring and visiting arrangements, has been held to be an essential part of their credibility and worth. With developments in monitoring and visiting also being seen in the area of torture prevention, most notably now under the Optional Protocol to the Convention, questions are being raised concerning the obligations of OPCAT ratifying States with regard to these removals. This article examines the possible operation of the mechanisms charged with the prevention of torture and other ill-treatment under the OPCAT in terms of these removals, and whether they are a satisfactory means of verifying the assurances.
