EC 'SCP/14 page 4
17.
(b)
Statement of the principle of non-refoulement in international instruments
Insofar as their actual wording is concerned, statements of the principle of non-refoulement figuring in various international instruments are wide enough to cover extradition. This applies in particular as regards the wording of Article 33, paragraphe 1 of the 1951 Convention, viz.;
18.
"No contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion" 1.
In interpreting the terms of Article 33, paragraph 1, from the standpoint of its possible application to extradition, the judicial practice of different countries has tended to vary. In Belgium it has been considered that by reason of Article 33, paragraph 1 a refugee may not be extradited to his country of origin 2. In Austria it has been considered, in a judgement of the Supreme Court, that a refugee may not be extradited to his country of origin by virtue of an application by analogy of the principle defined in Article 33 and in order to avoid a violation of the internationally recognized rights of refugees 3 In France on the other hand, it has been considered that Article 33 does not prohibit extradition but only expulsion or refoulement, which
1/ Emphasis added. Similarly, General Assembly resolution 8 (I) on the Question of Refugees adopted on 12 February 1946:
"No refugees or displaced persons who have finally and definitely, in complete freedom, and after receiving full knowledge of the facts, including adequate information from the governments of their countries of origin... shall be compelled to return to their country of origin". (Emphasis added)
Similarly, the 1967 United Nations Delcaration on Territorial Asylum, Article 3, paragraph 1:
"No person referred to in Article 1, paragraph 1, shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seoks asylum, expulsion or compulsory return to any State where he may be subjected to. persocution". Emphasis added);
Cf. also OAU Convention relating to the Specific Aspects of Refugee Problems in Africa, Article II (3);
"No persons shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or romain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out in Article 1, paragraphs 1 and 2.
2 Court of Appeal of Brussels, Judgement of 31st August 1962.
3 Judgement of 24th May 1958, Os 31/58/12.