A/HRC/34/30
and other mechanisms with the appropriate protection against intimidation, retaliation and
arbitrary interference with their right to privacy. Victims should also be provided with
equal access to justice and appropriate assistance throughout the legal proceedings. 82
53.
Wherever there is credible evidence to suggest that there have been violations of
human rights in the context of counter-terrorism, States must conduct prompt, independent,
impartial and thorough investigations. Where these investigations result in establishing that
a violation has occurred, victims must be afforded effective redress, including payment of
compensation to individuals who have been denied due process, particularly in cases of
excessive pretrial detention, which would also prevent the fostering of resentment among
aggrieved individuals and their families as a result of unfair or even illegal practices. In
addition to providing a concrete form of remedy, payment of compensation could also serve
as an investment in future stability by recognizing State fault.
54.
Alongside such payments, care should also be taken to ensure that necessary legal
reforms to avoid repeat cases of breaches of due process are also implemented in a timely
fashion and seen as an essential element of the guarantee of non-recurrence. Oversight
processes, adequate checks and balances, and effective complaints mechanisms are
essential to ensuring that the use of counter-terrorism powers is narrowly and appropriately
tailored to achieve specific ends and is not deployed in an over-broad or oppressive fashion.
While non-judicial mechanisms may have potential value, there should always be the
possibility for victims to have recourse to judicial remedies.83
IV. Conclusions and recommendations
55.
Acts of terrorism that have been committed in countries worldwide are stark
reminders of their negative effects on the enjoyment of human rights and fundamental
freedoms by all, with devastating consequences for victims. Each State has the duty to
take measures to protect all individuals within its territory and those subject to its
jurisdiction from terrorist acts. At the same time, States must ensure that any
measures taken to counter terrorism are fully compliant with their obligations under
international law, including international human rights law.
56.
Effective counter-terrorism measures and the protection of human rights are
complementary and mutually reinforcing objectives, which must be pursued together
as part of States’ duty to protect individuals within their jurisdiction. Experiences in
countries around the world have demonstrated that protecting human rights and
ensuring respect for the rule of law itself contribute to countering terrorism, notably
by creating a climate of trust between the State and those under their jurisdiction.
57.
In the context of terrorist acts and counter-terrorism measures, ensuring
accountability and combating impunity is key. The contributions received for the
present report and the above-mentioned observations by various international human
rights mechanisms illustrate the wide range of negative effects that terrorist acts and
counter-terrorism measures have on the enjoyment of human rights and fundamental
freedoms. Criminal justice systems that function in line with international human
rights standards are the best means for ensuring accountability for acts of terrorism.
Strengthening the rule of law, including through the implementation of appropriate
checks and balances, is essential to ensuring the legality and legitimacy of counterterrorism measures. Constant monitoring and regular review will help to ensure that
82
83
See A/HRC/19/38, para. 4.
See A/HRC/22/26, paras. 47-49.
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