News & Reports
Monthly reports on torture prevention, OPCAT ratifications, UN treaty body sessions, and human rights documentation — sourced from OHCHR, Human Rights Watch, Amnesty International, and ICET monitoring work.
Why Facilities Holding Transferred People Fall Within OPCAT Monitoring
A facility holding people transferred from another state is a place of detention like any other. In an OPCAT State Party it falls within the National Preventive Mechanism’s visiting mandate.
Optional Protocol to the Convention against Torture, arts. 1, 4, 19, 20; Convention against Torture, art. 3; International Covenant on Civil and Political Rights, art. 9.US Court Sets Aside Third-Country Removal Policy; Appeal Court Stays the Judgment
A US district court held in February 2026 that people facing removal to a third country are entitled to meaningful notice and an opportunity to raise a country-specific claim. The judgment was stayed on appeal in March 2026.
DHS v. D.V.D., No. 24A1153 (U.S. June 23, 2025); D.V.D. v. Department of Homeland Security, No. 25-cv-10676-BEM, 2026 WL 521557 (D. Mass. Feb. 25, 2026); First Circuit stay of 16 March 2026; DHS policy memorandum, 'Guidance Regarding Third Country Removals', 30 March 2025; ICE guidance of 9 July 2025.Withholding and CAT Deferral: What the Protection Covers, and What It Does Not
Withholding of removal and deferral under the Convention Against Torture are findings about one named country. Understanding that limit is essential when a transfer to a different country is proposed.
Convention against Torture, art. 3; 8 U.S.C. § 1231(b)(2)-(3); 8 C.F.R. §§ 208.16, 208.17, 208.18; Foreign Affairs Reform and Restructuring Act of 1998, § 2242; American Immigration Council, third-country removals fact sheet.Constructive Refoulement: When a Return Recorded as Voluntary Is Not a Free Choice
International law prohibits achieving by pressure what a state may not order directly. Where detention, destitution or indefinite limbo leave a protected person no real alternative to returning, the departure is not voluntary in law.
International Law Commission, Draft Articles on the Expulsion of Aliens (2014), art. 10(1); UNHCR, Voluntary Repatriation: International Protection; Committee against Torture, general comment on the implementation of article 3; EJIL:Talk!, 'Does international law prohibit constructive refoulement?'; International Journal of Refugee Law, vol. 35, no. 4, p. 419.