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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