A/HRC/10/21 page 20 and protection of human rights while countering terrorism, or the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, frequently visit prisons and other detention centres. However, and although a duplication of visits occasionally occurs, at present there appears to be no special procedures mandate that could address the full range of human rights enjoyed by detainees, and especially their right to rehabilitation, which can potentially be violated while in detention. Certainly, there is no special procedure of the Human Rights Council whose mandate provides for a global and comprehensive approach to the protection of all human rights of all persons deprived of their liberty. In fact, a paradox emerges: while important international standards such as the Standard Minimum Rules for the Treatment of Prisoners and the Basic Principles for the Treatment of Prisoners provide norms and standards on the rights of persons deprived of their liberty, no mechanism which monitors the compliance of these standards exists. 49. Therefore, and due to the Working Group’s serious concern regarding the protection of this vulnerable group, the Working Group has decided to formally propose to the Human Rights Council an expansion of its mandate, to include the monitoring of State compliance with their obligations concerning all human rights of detained and imprisoned persons. The mandates of the Special Rapporteur on prisons and conditions of detention in Africa of the African Commission on Human and Peoples’ Rights as well as of the Rapporteurship on the rights of persons deprived of liberty of the Inter-American Commission on Human Rights might provide some guidance as to the scope of such an extended mandate. B. Detentions in the framework of measures countering terrorism 50. The Working Group already expressed, in previous reports, some concerns related to the continuing tendency of using deprivation of liberty in the context of States’ legitimate fight against terrorism. 51. However, as the number of allegations concerning this aspect of the problem is skyrocketing and it is expected that this tendency will regrettably remain in future, the Working Group considers it justified to reiterate some key elements from the previous reports on the issue under examination and incorporate them in the present report. 52. The Working Group considers it necessary to reiterate that some States continue to use deprivation of liberty without charges or trial or other applicable procedural guarantees against persons accused of terrorist acts in the context of the implementation of criminal policies against terrorism, a practice which is contrary to international human rights instruments. The Working Group has noticed such practices in numerous cases presented before it in recent years, as well as from information received, notably from non-governmental organizations working in the field. 53. Therefore, for the time being and notwithstanding further additions, the Working Group considers it advisable to set up a list of principles in conformity with articles 9 and 10 of the Universal Declaration of Human Rights, and articles 9 and 14 of the International Covenant on Civil and Political Rights, which may be used in relation to deprivation of liberty of persons accused of acts of terrorism.

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