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Promises to Keep
Diplomatic Assurances Against Torture
in US Terrorism Transfers
"Diplomatic assurances" are promises not to torture. The US and other traditionally rights-respecting governments have sought these assurances when sending detainees, usually terrorism suspects, to foreign authorities known for torture. This report, the culmination of several years of research by the Human Rights Institute, presents the evolving evidence and jurisprudence of assurances. Without taking a position on whether assurances can work, it describes elements that are necessary to make assurances plausible: judicial review, public scrutiny, and systematic monitoring.
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ISBN: 978-0-615-43177-2
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TABLE OF CONTENTS
Summary
Recommendations
Part I. US Transfer and Assurances Practice
Chapter 1 US Government Resistance to Disclosure and the Prospect for Reform
Chapter 2 Assurances in US Law and Practice
Part II. Transnational Guidance on Diplomatic Assurances
Chapter 1 The Development of Diplomatic Assurances Against Torture in International Law & Practice
Chapter 2 Recent Guidance from the UN and European Court of Human Rights
Chapter 3 Lessons from the UK
Chapter 4 Lessons from Canada
Part III. Institutionalizing Reform: Applying Transnational Guidance to US Practice
Chapter 1: Transparency and Accountability
Chapter 2: Systematic Post-return Monitoring
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