A/HRC/16/47 law does not necessarily exclude Governments’ obligations under the international human rights law. 66. The Working Group recommends that States consider that, although there may be situations of armed conflict where State institutions, including the judicial system are dysfunctional, the norms of the international human rights law protecting individuals against arbitrary detention shall be complied with by the Governments. It is in these situations that such alleged violations of human rights norms may be considered by the Working Group on Arbitrary Detention. 67. The Working Group calls on those States to take note of the secret detention study and its concrete recommendations regarding the practice of secret detention which aim at curbing the use of secret detention and unlawful treatment or punishment of detainees in the context of counter-terrorism. 68. The Working Group recommends that States duly take into account the principles contained in the present report with respect to deprivation of liberty in the context of measures countering terrorism and review their legislation and practice in the light of these principles. 20

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