A/HRC/RES/22/6
those formulated by the Special Rapporteur on the promotion and protection of human
rights while countering terrorism;
(c)
Prohibit and do not provide for, or have the effect of, subjecting persons to
arbitrary detention, such as detention without due process guarantees, the deprivation of
liberty that amounts to placing a detained person outside the protection of the law, or the
illegal deprivation of liberty and transfer of individuals suspected of terrorist activities, nor
the unlawful deprivation of the right to life or the trial of suspects without fundamental
judicial guarantees;
(d)
Allow appropriate access for relevant international bodies, non-governmental
organizations and national human rights institutions, where such exist, to persons detained
under anti-terrorism and other legislation relating to national security, and to ensure that
human rights defenders are not harassed or prosecuted for providing legal assistance to
persons detained and charged under legislation relating to national security;
11.
Calls upon States to ensure that all legal provisions and their application
affecting human rights defenders are clearly defined, determinable and non-retroactive in
order to avoid potential abuse to the detriment of fundamental freedoms and human rights,
and specifically to ensure that:
(a)
The promotion and the protection of human rights are not criminalized, and
that human rights defenders are not prevented from enjoying universal human rights owing
to their work, whether they operate individually or in association with others, while
emphasizing that everyone shall respect the human rights of others;
(b)
The judiciary is independent, impartial and competent to review effectively
legislation and its application affecting the work and activities of human rights defenders;
(c)
Procedural safeguards, including in criminal cases against human rights
defenders, are in place in accordance with international human rights law in order to avoid
the use of unreliable evidence, unwarranted investigations and procedural delays, thereby
effectively contributing to the expeditious closing of all unsubstantiated cases, with
individuals being afforded the opportunity to lodge complaints directly with the appropriate
authority;
(d)
Any provision or decision that may interfere with the enjoyment of human
rights respects the fundamental principles enshrined in international law so that they are
lawful, proportionate, non-discriminatory and necessary in a democratic society;
(e)
Information held by public authorities is proactively disclosed, including on
grave violations of human rights, and that transparent and clear laws and policies provide
for a general right to request and receive such information, for which public access should
be granted, except for narrow and clearly defined limitations;
(f)
That provisions do not prevent public officials from being held accountable,
and that penalties for defamation are limited in order to ensure proportionality and
reparation commensurate to the harm done;
(g)
Legislation aimed at preserving public morals is compatible with
international human rights law;
(h)
Legislation does not target activities of individuals and associations
defending the rights of persons belonging to minorities or espousing minority beliefs;
(i)
Dissenting views may be expressed peacefully;
12.
Expresses particular concern about systemic and structural discrimination
and violence faced by women human rights defenders, and calls upon States to integrate a
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