Implementation Of Diplomatic Assurance Against Torture: Theway to Reduce the Refugee Crisis in South Asia

• Main Authors: Samanta, Chowdhury Nujhat, Hossain, Mohammad Belayet
• Format: Conference or Workshop Item
• Language: English
• Published: 2022
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/30463/1/SOLAS%20VI_2022_115_119.pdf; https://repo.uum.edu.my/id/eprint/30463/
• Institution: Universiti Utara Malaysia

States aim to send refugees back to their home countries in order to end the refugee crisis in their nation. Due to the human rights situation in the countries of origin, this can occasionally be problematic; the return involves the prohibition of refoulment and the prevention of torture or other cruel treatment. States are not allowed to use torture, including putting someone in a position where they might be tortured. As a result, it has been customary to rely on diplomatic assurances. For a very long time, diplomatic guarantees have been employed as a defense against the death penalty or unfair trials. States now rely on guarantees for a returnee's treatment. The guarantees are protected at the diplomatic level of relations between nations. In this research, subject to legal value, the reliability of diplomatic assurance is measured as well as an assessment has been made about the current state of south Asian nations that have long hosted refugees and supporting the use of diplomatic assurance as a workable option to address the threats brought on by the refugees The findings indicate that there is not any specific legal framework to support such assurances in south asian countries. There is even a lack of research in this regard. South Asian nations could take seven factors into account according to the recommendations of the study. So, it's necessary to implement the recommendations to achieve the end goal of solving the refugee situation.