A/HRC/RES/35/34
24.
Further urges States to undertake prompt, independent and impartial factfinding inquiries whenever there are plausible indications of breaches of their obligations
under international law as a result of any measures taken or means employed to counter
terrorism, and to ensure accountability for those responsible for violations that amount to
crimes under national or international law;
25.
Notes with concern measures that undermine human rights and the rule of
law, such as the detention of persons suspected of acts of terrorism in the absence of a legal
basis for detention and due process guarantees, the use of torture, the unlawful deprivation
of the right to life and other fundamental freedoms, and urges States to provide for review
of detention and to respect the rights to equality and non-discrimination in the
administration of justice, to a fair and public hearing by a competent, independent and
impartial tribunal as well as to the presumption of innocence, to a fair trial and other
fundamental judicial guarantees, as provided for by international law, including
international human rights law, and, as applicable, international humanitarian law and
international refugee law;
26.
Urges States to take measures to ensure that counter-terrorism laws and
implementing measures are consistent with and are applied in a manner that fully respects
international human rights law, in particular the rights enshrined in articles 10 and 11 of the
Universal Declaration of Human Rights and further codified in articles 14 and 15 of the
International Covenant on Civil and Political Rights, with a view to ensuring respect for the
principle of certainty of the law by clear and precise provisions;
27.
Notes with concern the unlawful transfer or return of suspects of terrorist
activities to countries where there are substantial grounds for believing that they would be
in danger of being subject to torture;
28.
Calls upon Member States and the United Nations entities involved in
supporting counter-terrorism efforts to continue to facilitate the promotion and protection of
human rights and fundamental freedoms, as well as due process and the rule of law, while
countering terrorism;
29.
Encourages Member States, United Nations entities, regional and subregional
organizations and relevant actors to consider instituting mechanisms to involve youth in the
promotion of a culture of peace, justice and human development, and of ethnic, national
and religious tolerance by establishing and encouraging, as appropriate, education and
public awareness programmes involving all sectors of society;
30.
Takes note with appreciation of the report of the Special Rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering
terrorism;1
31.
Takes note of the report of the United Nations High Commissioner for
Human Rights on the negative effects of terrorism on the enjoyment of all human rights and
fundamental freedoms;2
32.
Requests the Special Rapporteur, in accordance with his mandate, to continue
to gather, request, receive and exchange information on alleged violations of human rights
and fundamental freedoms while countering terrorism, and to report regularly to the Human
Rights Council;
1
2
4
A/HRC/34/61.
A/HRC/34/30.
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