26 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa PART ENGLISH 5 TRANSFERS OF INDIVIDUALS A. Transfers: A State may not “transfer” [e.g., deport, expel, remove, extradite] an individual to the custody of another State unless it is prescribed by law and in accordance with due process and other international human rights obligations. All transfers are subject to the principle of non-refoulement. Transfers shall not be a justification for loss or revocation of nationality or to make an individual stateless. Deportation, expulsion, and removal cannot be used to circumvent criminal justice processes, including extradition procedures. Extraordinary rendition, or any other transfer, without due process is prohibited. Explanatory Note: The forced transfer of an individual from the custody of one State to another entity necessarily requires the deprivation of liberty. For this reason, the process through which the transfer takes place must be provided for by law and not arbitrary. See Principle 3(A), Prohibition of Arbitrary Detention; Organization of African Unity Convention on the Prevention and Combating of Terrorism, Articles 8(1) and 11; and Explanatory Note to Principle 5(A)(ii), Non-Refoulement and Principle 9(A), Prohibition against Statelessness. (i)  Judicial Oversight: A State shall provide for all individuals that it wishes to transfer to the custody of another State an effective, independent, impartial, and individualized judicial oversight or review procedure prior to transfer, including but not limited to addressing non-refoulement concerns. Explanatory Note: See, Agiza v. Sweden, Comm. 233/2003, May 2005, para. 13.8; Office of the United Nations High Commissioner for Human Rights, Human Rights, Terrorism and Counterterrorism (Fact Sheet No. 32); and Explanatory Note to Principle 5(A)(ii), Non-Refoulement. (ii)  Non-Refoulement: No State shall, for any reason, transfer (as defined above) any individual to the custody of another State where there are substantial grounds for believing that there is a real risk of serious human rights violations. States shall place no restrictions on this rule. Explanatory Note: See, U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 3; Convention Governing the Specific Aspects of Refugee Problems in Africa, Article 2; U.N. Convention Relating to the Status of Refugees, Article 33 (prohibition of expulsion or return [“refoulement”]); ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guideline 15; African Model Anti-Terrorism Law, Article 61; Office of the United Nations High Commissioner for Human Rights, Human Rights, Terrorism and Counter-terrorism (Fact Sheet No. 32); and Explanatory Note to Principle 1(M), Non-Derogations and Restrictions on Human Rights and Freedoms.