A/72/287 that legislation in one country allows for the removal of citizenship of foreign -born nationals who hold no other nationality. 36 Measures targeting refugees and asylum seekers 30. The Special Rapporteur was informed that, responding to fears concerning the link between terrorism and the influx of refugees, many countries have enacted overly restrictive migration policies and xenophobic measures targeting asylum seekers and refugees. One Eastern European country has tried to keep refugees and asylum seekers out of the country by proclaiming a “state of emergency due to mass migration”. 37 The Government has empowered the police and military to support the asylum authority in instituting expedited border procedures in so -called “transit zones”. At the same time, judicial review of asylum decisions has been limited. In addition, new amendments to the country’s Criminal Code have led to the criminalization of refugees and migrants who enter the country irregularly through its southern border. The amendments allow for the imposition of a wide range of penalties, including criminal convictions, prison sentences and mandatory expulsion. 38 31. Across several Western European countries, the Special Rapporteur observed situations in which Governments failed to fully comply with the international law principle of non-refoulement. Some countries have deported individuals identified as threats to national security, even though they face a serious risk of persecution when returning to their countries of origin. A deportation order in one country was issued despite the fact that the country’s own protection appeal body had determined that the deported person was likely to experience torture if returned to his country of origin. 39 32. The Special Rapporteur was informed that, in May 2016, the Government of one East African country planned the closure of a large refugee camp. Citing national security concerns as partly informing the decision, the Government announced that refugees living in the camp would be returned to their home countries. The decision was later revoked, as the country’s High Court found that the closure of the camp was illegal on the grounds that it would discriminate against refugees belonging to one particular ethnic minority. 40 33. The Special Rapporteur also notes with concern that prejudice and fear have manifested in inhumane policies towards Muslim refugees in the Asia -Pacific region. He concurs with the Special Rapporteur on the human rights of migrants, who criticized the practice of detaining refugees in offsh ore immigration detention facilities and regional processing centres. In particular, he expressed concern at the securitization of migration and border control, the punitive approach towards irregular migration and the wide range of human rights violations that have been documented in such facilities. 41 3. Overly broad counter-terrorism legislation 34. The Special Rapporteur is concerned that, contrary to the principle of legality and the rule of law, many States have adopted legislation with vague and overly broad definitions of terrorism. 42 The penal and criminal codes of some European __________________ 36 37 38 39 40 41 42 17-13397 See from https://perma.cc/7VAG-Y4AW. See https://goo.gl/9rtivf. Amnesty International, “Dangerously disproportionate”, pp. 21 -22. Ibid., pp. 64-68. See https://perma.cc/F2CN-S2AS. A/HRC/35/25/Add.3, para. 33. Human Rights Watch, “Overreach: how new global counterterrorism measures jeopardize rights”, 2017. 9/23

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