A/HRC/34/30
were unable to recite the Koran or refused to adopt the group’s beliefs. Boko Haram
reportedly ill-treated those in captivity through deprivation of food and water or stoned
abductees to death.27
21.
Measures adopted to counter real or perceived threats of terrorism have also had
serious implications for the enjoyment of the rights to life, security, liberty and integrity of
person. Some States enacted legislation containing a definition of terrorism that lacks
precision and allows for arbitrary or discriminatory enforcement by authorities, for
example, with particularly serious consequences in States that retain the death penalty for
terrorism-related crimes. 28 In this regard, it should be recalled that article 6 (2) of the
International Covenant on Civil and Political Rights provides that, in countries which have
not abolished the death penalty, sentence of death may be imposed only for the most
serious crimes in accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the Covenant and of the Convention on the
Prevention and Punishment of the Crime of Genocide.
22.
In one contribution to the present report, it was noted that States often used
definitions of terrorist acts that were very broad, vague and included non-violent acts or
acts that did not constitute the “most serious crimes” pursuant to article 6 (2) of the
International Covenant on Civil and Political Rights. The contributor expressed concern
that the participation in “criminal gangs” or “terrorist groups” was often considered a
terrorist act that was punishable by death in several States, in violation of international
standards.29 Special procedure mandate holders have also warned that imposing the death
penalty was an ineffective — and most times also an unlawful — deterrent to terrorism and
expressed concern “to see a small minority of States wildly disregarding the international
standards for the imposition of the death penalty and the protection of the right to life in
their quest to thwart a real or perceived threat posed by terrorism”. 30 The Secretary-General
also stressed that capital punishment did not reduce terrorism and that the death penalty was
a cruel and inhumane practice that had no place in the twenty-first century.31
23.
In addressing the heightened risk of torture and ill-treatment in the context of
counter-terrorism, the Committee against Torture reiterated that the prohibition against
torture was absolute and non-derogable, and emphasized that no exceptional circumstances
whatsoever, including the threat of terrorist acts, may be invoked by a State party to justify
acts of torture in any territory under its jurisdiction. 32 Furthermore, the Committee stated
that States parties should ensure that their laws were applied to all persons regardless of the
reason for which they were detained, including those accused of terrorist acts, and that
redress was equally accessible.33
24.
Special procedures mandate holders have expressed concern that Governments have
used vague and broad definitions of “terrorism” or “extremism” to punish those who do not
27
28
29
30
31
32
33
See A/HRC/30/67, paras. 35-37; also contribution from Alliance Defending Freedom International.
See A/HRC/28/28, paras. 21-30.
See contribution from World Coalition against the Death Penalty.
See joint press release of 7 October 2016 by the Special Rapporteur on extrajudicial, summary or
arbitrary executions; the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment; and the Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism. Available at www.ohchr.org/EN/NewsEvents/
Pages/DisplayNews.aspx?NewsID=20659&LangID=E.
See the message by the Secretary-General on the World Day against the Death Penalty, 10 October
2016. Available at www.un.org/press/en/2016/sgsm18185.doc.htm.
See Committee against Torture, general comment No. 2 (2008) on the implementation of article 2,
para. 5.
Ibid., para. 21; and general comment No. 3 (2012) on the implementation of article 14, para. 32.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents