A/HRC/13/36 United Nations General Assembly Distr.: General 22 January 2010 Original: English Human Rights Council Thirteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the United Nations High Commissioner for Human Rights on the protection of human rights and fundamental freedoms while countering terrorism* Summary The present report is submitted in accordance with Human Rights Council resolution 10/15 of 26 March 2009 on the protection and promotion of human rights while countering terrorism, in which the Council requested the United Nations High Commissioner for Human Rights “to present [her report], bearing in mind the content of the present resolution, to the Council at its thirteenth session under agenda item 3, in conformity with its annual programme of work”. In that resolution, the Human Rights Council called upon States to ensure access to an effective remedy in cases where human rights have been violated as a result of counterterrorism measures, and provide adequate, prompt and effective reparations for victims. The Council recalled the absolute prohibition of torture and the right to be equal before courts and tribunals, and urged States to guarantee due process. It also reaffirmed resolution 7/7, in which the Council, among other things, urged States to respect their nonrefoulement obligations as well as the safeguards concerning the liberty, security and dignity of the person.1 * The present report is submitted late so as to include as much up-to-date information as possible. 1 In resolutions 7/7 and 10/15 the Human Rights Council reaffirmed the non-derogability of certain rights in all circumstances, as well as the exceptional and temporary nature of derogations. GE.10-10442 (E) 180210

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