A/HRC/4/88
page 3
I. BACKGROUND
1.
The Human Rights Council, in its decision 2/102 of 6 October 2006, requested the
High Commissioner for Human Rights to “continue with the fulfilment of [her] activities, in
accordance with all previous decisions adopted by the Commission on Human Rights and to
update the relevant reports and studies”. On the current issue of the promotion and protection of
human rights and fundamental freedoms while countering terrorism, a comprehensive annual
report (E/CN.4/2006/94) was submitted to the sixty-second session of the Commission on
Human Rights pursuant to its resolution 2005/80. The information in the report remains
relevant, and is complemented by the report of the Secretary-General submitted to the
General Assembly (A/61/353) pursuant to resolution 60/158. The Office of the
High Commissioner for Human Rights understands decision 2/102 as preserving the previous
annual reporting cycle in respect of this issue until otherwise decided by the Council. The
current report to the Human Rights Council accordingly addresses developments in respect of
the protection of human rights while countering terrorism over the last year.
2.
I continue to address the protection and promotion of all human rights, as well as
effective counter-terrorism measures, as complementary and mutually reinforcing objectives
which must be pursued together as part of States’ duty to protect. In this context, my Office has
concentrated on enhancing the protection of human rights and the rule of law in the context of
terrorism and counter-terrorism, notably by strengthening the capacity of security, intelligence
and law enforcement agencies to better integrate human rights standards in their work;
promoting the human rights of victims of terrorism; and addressing the conditions conducive to
exploitation by terrorists.
3.
The achievement of these goals is central to the effective implementation of the
United Nations Global Counter-Terrorism Strategy adopted by the General Assembly in its
resolution 60/288 of 8 September 2006, which situates human rights as the fundamental basis of
the fight against terrorism and emphasizes that States must ensure that any measure taken to
combat terrorism complies with their obligations under international law, in particular human
rights law. My Office is hosting a number of expert meetings and seminars to help clarify and
better define Member States’ human rights obligations in relation to counter-terrorism;
producing tools to assist practitioners; providing technical assistance to Member States, upon
their request, in developing human rights-compliant counter-terrorism legislation and policies;
and supporting relevant United Nations mechanisms.
4.
In the current reporting period, I have continued to examine specific challenges to the
protection of human rights in the context of terrorism, notably challenges to international
cooperation and the rule of law in counter-terrorism and human rights. In recent years, terrorism
and counter-terrorism measures have had a major impact on the administration of justice in
countries throughout the world. Domestic and foreign policies have been shaped by States’
responses to the threats posed by terrorism. States have a duty to protect those within their
jurisdiction against terrorist attacks and there is a clear public interest in supporting effective
counter-terrorism measures. However, these measures must be taken within the framework of
international human rights law. Practices such as “irregular” transfers of persons suspected of
involvement in terrorist activities, the detention of individuals without due process, the use of
interrogation methods that are impermissible under international law, and the use of secret
evidence and evidence obtained by torture, are of serious concern. The purpose of the present
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