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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