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