A/HRC/10/21
page 21
54.
The principles are the following:
(a) Terrorist activities carried out by individuals shall be considered as punishable
criminal offences, which shall be sanctioned by applying current and relevant penal and criminal
procedure laws according to the different legal systems;
(b) Resort to administrative detention against suspects of such criminal activities is
inadmissible;
(c) The detention of persons who are suspected of terrorist activities shall be
accompanied by concrete charges;
(d) The persons detained under charges of terrorist acts shall be immediately informed of
them, and shall be brought before a competent judicial authority, as soon as possible, and no later
than within a reasonable time period;
(e) The persons detained under charges of terrorist activities shall enjoy the effective
right to habeas corpus following their detention;
(f) The exercise of the right to habeas corpus does not impede on the obligation of the
law enforcement authority responsible for the decision for detention or maintaining the
detention, to present the detained person before a competent and independent judicial authority
within a reasonable time period. Such person shall be brought before a competent and
independent judicial authority, which then evaluates the accusations, the basis of the deprivation
of liberty, and the continuation of the judicial process;
(g) In the development of judgements against them, the persons accused of having
engaged in terrorist activities shall have a right to enjoy the necessary guarantees of a fair trial,
access to legal counsel and representation, as well as the ability to present exculpatory evidence
and arguments under the same conditions as the prosecution, all of which should take place in an
adversarial process;
(h) The persons convicted by a court of having carried out terrorist activities shall have
the right to appeal against their sentences.
55. The Working Group acknowledges the significant progress made in the promotion and
protection of human rights in the counter-terrorism context; however, there remains a fragmented
approach by international bodies to this issue. The Working Group therefore proposes that the
Human Rights Council consider organizing a special forum, to deliberate and work on common
positions necessary to guarantee the respect for the right to be free from arbitrary detention in the
counter-terrorism context. This special forum should give special consideration to the methods
and framework applied by States, particularly in perceived emergency situations, and will call
for the participation of representatives of all relevant special procedures and treaty bodies.
C. Arbitrary detention and corruption
56. The Working Group has observed, during the various visits conducted, the devastating
effects caused by corruption on the effective fulfilment of human rights, including the right to be
free from arbitrary detention.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents