¶ … civil liberties in general has increased during the last years in the UK and the U.S. IN particular, in concerns related to matters of National Security, the UK as well as the rest of the democratic world will have to place a heavy load on this chapter. The extradition of terror suspects to other countries "where there are verifiable guarantees that they will not be tortured." Ever since democratic governments have been under the suspicion of having used ill-treatments in their offensive against terrorism it has become the duty of every self-respecting party or political coalition to have a chapter dedicated to it in its government program. The Coalition's "programme for government" specifically states that "We will seek to extend these guarantees to more countries." In their efforts to guard National Security, democracies are striving to steer free of becoming terror generators themselves. A third party involved and often misused had also become vital in continuing to sustain concerns related to guaranteeing civil liberties to all. In the case of deportation, it is especially important to keep in mind that "effective counter-terrorism measures and the promotion of human rights are not conflicting goals"(United Nations Global Counter-Terrorism Strategy (General Assembly resolution 60/288, annex)).
The international law provides a series of treaties as well as international laws that bind all the countries to their provisions, rules and regulations. Starting with the 1949 Geneva Conventions and their Article 3, "cruel treatment and torture" of anyone who is held in custody under any suspicion, holds states and their governments accountable for having performed an incomplete or superficial verification of the guarantees offered by a third party state on matters related to torture or ill-treatment applied to detainees. In 2005, the Human Rights Watch was expressing its concerns related to the extradition of detainees, suspects of terror acts, to others countries based solely on their "diplomatic assurances" of the lack of using any form of torture or ill-treatment. As a result, diplomacy alone cannot offer guarantees that a certain state will refrain from using torture or ill treatment to a certain person. There are numerous international laws and conventions that clearly state deny the use of torture, as defined under "article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Convention against Torture)"; "under the convention, it is expressly prohibited to transfer a person to a country where he or she would be at risk of torture. The ban thus maintains logical consistency: states cannot torture and cannot circumvent this obligation by sending people to governments that will" (Human Rights Watch, 2005)
Therefore, in cases of extradition of terrorism suspects to third party states, it is crucial that the verifiable guarantees be outside the usual diplomatic channels, even in cases where a post-return monitoring should be working as a result of conventions between the two states. Post-return ("refouler"), extradition or expulsion of a person is highly questionable as a verifiable guarantee of non-use of torture or ill treatment because it usually lacks "the ability of the monitors to visit and have unhindered access to a detainee at any time, without having to provide advance notice" among other provisions that would insure that the actual monitoring is of what is really happening and not of what the authorities might present as staged "reality"(Human Rights Watch, 2005).
The declared extension of "verifiable guarantees" to more countries means that there will be a legal way to fully enforce a suspect's treatment according to the internationals laws and conventions as well as to the domestic ones. In order to present verifiable guarantees a state that is a possible receiver of a terrorism suspects should have domestic criminal laws that specifically prohibit the use of torture or ill treatment of its citizens under any circumstances. Moreover, that state should be party to an international convention regarding the protection and guarantee of human rights and civil liberties. As pointed above, according to international standards, in order to become a reliable source of verifiable guarantees, a third party state should provide the partner states with unlimited and unhindered private access to the detainees in question as well as with permission for properly trained medical personnel to examine the person they have in custody (United Nations, 2004).
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