unlawful if they do not follow due process or if they violate the principle of nonrefoulement
under international refugee and human rights law, which prohibits the return of anyone to a
country where they would face persecution, torture, cruel, inhuman or degrading treatment
or punishment, or other irreparable harm. Nonrefoulement provisions are included in the
1951 Refugee Convention, in Article 16 of the International Convention for the Protection of
All Persons from Enforced Disappearance, and in Article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is generally accepted
that nonrefoulement obligations also form part of customary international law, meaning that
it is practice that all states are bound by, irrespective of whether they are a party to the
previously mentioned conventions.
Not all attempts by governments to seek the removal of a target of transnational repression
are successful, but the mere request of removal may involve lengthy detention or other
abuses. Threats to seek removal are also a means in and of themselves that governments
use to silence critics, whether the individual targeted or the dissident community more
broadly.
Oppressive governments target individuals they deem to be a threat to their rule,
legitimacy, or international standing. Human Rights Watch has documented dozens of
removals targeting government critics. Others are targeted because of their involvement
with political, ethnic, religious, or other groups that are discriminated against or have
fallen into disfavor with the government.
Often the person faces torture, ill-treatment, arbitrary detention, or wrongful prosecution
upon return. Many have faced forcible disappearance and death.
Algeria
In March 2022, Spanish authorities extradited former army corporal Mohamed Benhalima
to Algeria upon the request of the Algerian authorities. Benhalima had fled Algeria in 2019
due to a fear of reprisal after participating in the Hirak movement that called for political
reform. Spain twice rejected Benhalima’s asylum application, and his extradition went
ahead despite warnings from the United Nations Refugee Agency (UNHCR) of the credible
risk of torture that Benhalima faced upon return. Once returned to Algeria, Benhalima was
jailed and tried for publishing “false information” that harms “territorial integrity.” In May
“WE WILL FIND YOU”
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