A/80/302 which is incompatible with the prohibition of refoulement. 61 Both pushbacks and pullbacks are at variance with the prohibition of refoulement, because they are not based on an individual due process assessment. Pullbacks sometimes involve “fast track” screenings that are conducted on board vessels by non-specialist border officials at the point of interception and without the presence of legal counsel or the possibility of an effective legal appeal.62 The circumstances in which they occur – at sea, potentially by teleconference and while the person is detained on board a vessel – make it nearly impossible to thoroughly assess protection claims. 63 There have been reports of cases of further expulsions of intercepted migrants without any individual risk assessment. 64 C. Prohibition of collective expulsion 27. Collective expulsion refers to the expulsion of individuals without an individual assessment of each person’s case before their return. Collective expulsions are explicitly prohibited under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 22) and regional human rights instruments. The prohibition is inferred under the International Covenant on Civil and Political Rights (art. 13) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3 (1)) and is considered a norm of customary international law. 28. Externalization arrangements create circumstances allowing for collective expulsion. In the absence of an individualized risk assessment for each migrant, return decisions taken on the basis of readmission agreements may amount to collective expulsion. 65 In addition to readmission agreements, agreements allowing pullbacks also create a risk of collective expulsion. Collective expulsions have allegedly been carried out by third States after readmitting or taking back the migrant, whereby they further expel the person without proper screening and individual assessment. 66 D. Due process and effective remedy 29. In addition to the risk of refoulement and collective expulsion, externalization arrangements may lead to violations of procedural rights, including the right to be informed of the reasons for being subject to a procedure that may lead to a decision of return, 67 individualized due process proceedings and access to lawyer or legal aid, as well as the right to an effective remedy under the International Covenant on Civil and Political Rights (art. 2 (3)). 30. Some readmission agreements establish, in advance, a procedure that allows for the expulsion of migrants without an individualized risk assessment based on the circumstances prevailing at the time. Readmission agreements that do not contain a provision for an individual assessment or other essential safeguards may not be compliant with due process rights. The same holds for pushbacks and pullbacks, because they are not based on individualized assessments. 68 Extraterritorial processing of asylum claims, even if, in theory, it is carried out with guarantees of __________________ 61 62 63 64 65 66 67 68 12/23 A/HRC/37/50, paras. 44 and 52. A/HRC/37/50, para. 38; and Committee against Torture, general comment No. 4 (2018), para. 1. Submission by Australian Human Rights Commission. Communications OTH 129/2024 and TUN 6/2024 and the replies thereto. A/HRC/37/50, para. 44. Ibid., para. 63. Committee against Torture, general comment No. 4 (2018), para. 18 (a). A/HRC/37/50, paras. 44 and 55; and submission by Mexico. 25-12609