Readmission Arrangements beyond the Administrative Act of Return: Human Integrity and State Responsibility across Transfer, Reception, and Detention

Abstract Readmission arrangements have become central to the externalisation of migration control, enabling states to organise return through cooperation with countries of origin or transit. Their effects, however, extend beyond transfer. Returnees may be directed into reception, holding or detention facilities, denied effective access to protection, or exposed to onward removal. This article examines these consequences through the interdependent guarantees of the right to life and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. Non-refoulement, safe country concepts and individualised risk assessment provide the framework for determining whether foreseeable post-transfer harm renders removal unlawful. The article further analyses the allocation of responsibility between Requesting and Requested States. It argues that the Requesting State remains subject to its obligations concerning risk assessment and transfer, while the requested state may incur direct responsibility for subsequent attributable conduct within its jurisdiction. It also advances the argument that, where the Requested State knowingly facilitates an internationally wrongful transfer through verification, documentation, consent, or operational cooperation, the rules on state responsibility concerning aid or assistance may be engaged. Readmission cooperation is not inherently unlawful, but its implementation must remain subordinate to effective protection of the fundamental rights guaranteeing human integrity.