UN Expert Warns Against Deportations That Risk Torture

GENEVA – A United Nations human rights expert has warned governments that efforts to speed up deportations and tighten migration policies must never violate the absolute prohibition against returning individuals to countries where they face a real risk of torture. Alice Jill Edwards, the UN Special Rapporteur on torture, said while States have the sovereign right to control their borders, deport people without legal permission to remain, and extradite individuals accused of serious crimes, international law sets a clear limit. “No one can be sent to a place where they face a real risk of torture,” Edwards said. She stressed that governments may reform migration procedures, accelerate returns and cooperate with third countries, but cannot eliminate the requirement for an individual assessment before removing a person. The warning comes amid renewed debate in Europe over migration policies, including discussions surrounding the European Convention on Human Rights, the Council of Europe’s Chișinău Declaration and the European Union’s proposed Return Regulation. It also follows concerns over collective deportations and third-country transfers involving the United States, mass deportations during xenophobic unrest in South Africa, and other alleged cases of refoulement. In a newly released position paper, Edwards said discussions on mass removals, bilateral return agreements and third-country "return hubs" should not create the false impression that international law prevents governments from managing migration or prosecuting criminals. She emphasised that international law allows States to enforce immigration laws and pursue criminal accountability, provided all actions comply with legal and human rights obligations. According to the Special Rapporteur, every individual facing deportation must receive a fair, meaningful and personalised assessment whenever there is a potential risk of torture or other prohibited ill-treatment. Edwards cautioned against collective expulsions or blanket assumptions that entire groups can safely be returned. “Country conditions matter, but the deciding factor must be what will happen to the individual concerned,” she said. She further warned that transferring migrants through third countries does not remove the legal responsibility of the sending State. Governments, she said, must consider the full chain of transfer, including the possibility of onward deportation, detention, prolonged legal uncertainty and abuse during transit. While diplomatic assurances may help reduce certain risks in limited circumstances, Edwards said they should never become mere "paper promises" used to justify unlawful deportations. She called for a balanced approach, saying governments can deport migrants, extradite suspects and cooperate internationally without compromising fundamental human rights. “The rule is simple,” Edwards concluded. “Return people lawfully. Prosecute criminals. Protect victims. But do not send anyone to torture.”