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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