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Part 5: Transfer Decision Procedure in Light of International Individual Rights

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Chapter Summary

This chapter discusses whether it is compatible with current human rights law that piracy suspects are not associated to proceedings potentially leading to their transfer and, as a consequence, that they are not granted any procedural safeguards, except for being informed that their transfer is considered or imminent. The scope of the CFREU, which contains an explicit refoulement prohibition, is predicated on the acting authority and the source of law it applies rather than the notion of territory. Therefore, the non-refoulement provisions considered in this study also apply to transfers of piracy suspects. The chapter presents an overview of the principle of non-refoulement flowing from the right to life under the ICCPR and ECHR. It is irrelevant which destination piracy suspects are transferred to for application of the refoulement prohibitions of Article 3 CAT, the ICCPR and ECHR.

Keywords: CFREU; ECHR; ICCPR; piracy suspects; refoulement prohibition



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