Non-refoulement

The Committee recommends the State party consider explicitly prohibiting, in its domestic legislation, any expulsion, refoulement, surrender or extradition when there are substantial grounds to believe that the person concerned may be in danger of being subjected to enforced disappearance. In that context, the Committee recommends that the State party ensure that there are clear and specific criteria and procedures in place to assess and verify a person’s risk of being subjected to enforced disappearances in the country of destination before it proceeds to an expulsion, return or extradition, and that, if there is such risk, the person concerned is not expelled, extradited or returned.

The Committee recommends that the State party ensure that all return and expulsion processes allow adequate time for competent authorities to conduct a comprehensive and individual assessment of a person’s risk of being subjected to enforced disappearance in the country of destination prior it proceeds to an expulsion, return or extradition.

The Committee recommends that the State party guarantee that all return and expulsion processes incorporate mechanisms for the identification of victims of trafficking, as well as the adequate mechanisms for referral to protection, assistance and rehabilitation services.

The Committee recommends that the State party take into account the Committee’s general comment No. 1 (2023) on enforced disappearance in the context of migration, that the State party adopt the necessary measures to prevent the disappearance of migrants, strengthen mutual legal assistance to facilitate the exchange of information and evidence for the search for disappeared migrants and for the investigation, and provide support services to them and their relatives.