A/HRC/19/43 highlighted that freedom to leave the territory of a State may not be made dependent on any specific purpose or on the period of time the individual chooses to stay outside the country.13 The Committee has, therefore, expressed concern about certain practices that limit the right of non-citizens to leave their country of residence. For instance, the Committee has indicated that the requirement for non-citizens to obtain exit visas constitutes a violation of article 12 of the Covenant. 14 12. Furthermore, the Human Rights Committee has stated that the right of the individual to leave a country also implies the right to determine the State of destination and that this right should not be restricted to persons lawfully within the territory of a State. The Committee has further stated that a non-citizen who is expelled must be allowed to leave for any country that agrees to take him. 15 Article 13 of the Covenant further regulates the issue of expulsion and provides that non-citizens lawfully in the territory of a State may be expelled only in pursuance of a decision reached in accordance with the law. According to the Human Rights Committee, this provision is applicable to all procedures aimed at the obligatory departure of a non-citizen lawfully in the territory of the State, whether described in national law as expulsion or otherwise. Therefore, national legislation concerning the requirements for entry and stay must be taken into account in determining the scope of that protection, and non-citizens who are not legally in the territory of the State, or have stayed longer than the law or their permits allow, are not covered by this provision.16 13. However, States may not expel a non-citizen to a State in which there is a risk of being subject to torture or ill-treatment. For instance, the Human Rights Committee has expressed concern about reports of extraditions and informal transfers of non-citizens to countries in which the practice of torture is alleged. The Committee stated that States should ensure that no individual, including persons suspected of terrorism, who is extradited, is exposed to the danger of torture or cruel, inhuman or degrading treatment or punishment and that States should exercise the utmost care in the use of diplomatic assurances.17 C. Right to liberty 14. Persons who have been arbitrarily deprived of their nationality may also face violations of the right to liberty provided for in article 9 of the International Covenant on Civil and Political Rights, according to which no one shall be subject to arbitrary arrest or detention, and that procedures to deprive a person of his liberty shall be established in the law. 15. The Working Group on Arbitrary Detention has stated that detention is a direct response to the irregular status of the person within a State or to a lack of identity documentation that may itself also be a direct consequence of arbitrary deprivation of nationality. According to the Working Group, statistics indicate that in some countries, the number of non-citizens in administrative detention exceeds the number of sentenced 13 14 15 16 17 6 General comment No. 27, para. 8. Human Rights Committee, concluding observations: Gabon (CCPR/CO/70/GAB), para. 16; Democratic People’s Republic of Korea (CCPR/CO/72/PRK), para. 20. General comment No. 15, paras. 8-9. Ibid., para. 9. Human Rights Committee, concluding observations: Russian Federation (CCPR/C/RUS/CO/6 and Corr. 1), para. 17; Sweden (CCPR/CO/74/SWE), para. 12; Ukraine (CCPR/C/UKR/CO/6), para. 9; Uzbekistan (CCPR/CO/83/UZB), para. 12.

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