A/HRC/4/26
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only crucial in ensuring an effective independent supervision of the counter-terrorism
practices employed by law-enforcement agencies but may also be helpful for the internal
analysis of the efficiency of these practices. Factors such as ethnicity or religion may be
included in these records but only subject to safeguards such as collecting this data from
the persons concerned and separately from the original interference.
88.
The Special Rapporteur urges States to establish systems of transparent and
independent oversight of law-enforcement agencies to monitor and ensure compliance of
counter-terrorism practices with human rights standards and operational guidelines.
States must also provide effective means of holding law-enforcement agents accountable for
any violations of human rights, including when committed in the context of countering
terrorism.
89.
The Special Rapporteur calls on States to develop and implement a system of
training of law-enforcement officials that includes clear instructions as to what factors they
may legitimately employ for terrorist profiles as well as a substantial training component
on human rights and non-discrimination. Importantly, such training of law-enforcement
agents should make clear that profiling based on stereotypical generalizations that certain
ethnic or religious groups pose a greater terrorist risk than others is not only impermissible
but also ineffective and even counterproductive.
B. Suicide attacks
90.
Suicide attacks as a specific form of terrorism pose significant challenges to
counter-terrorism measures that are at the same time effective and compatible with human
rights. State responses to the risk of suicide attacks demonstrate in a dramatic way the
risks inherent in “profiling”. Combined with shoot-to-kill policies or other forms of
relaxing the standards related to the use of firearms, “profiling” can have lethal
consequences for totally innocent individuals.
91.
The Special Rapporteur recommends scrupulous adherence to and systematic
training in existing international standards on the use of firearms by law-enforcement
officials. Further, also in the context of preventing suicide attacks, the Special Rapporteur
reiterates his recommendation to apply either universal or random security checks, instead
of measures based on profiling.
92.
The Special Rapporteur stresses that the counter-terrorism measures need to be
continuously and carefully evaluated in order to ensure that they do not breach human
rights. Further, in the context of preventing suicide terrorism, special attention should be
paid to the treatment of women and especially pregnant women and their security and
integrity in counter-terrorism measures, as there is a risk that women and especially
pregnant women may become targeted by a new wave of counter-terrorism measures.
93.
States should develop adequate training for all law-enforcement personnel,
including private security agencies, and in this way ensure that human rights guide
counter-terrorism measures and not vice versa. Intelligence agencies need urgently to
address the complex cultural and socio-economic issues around suicide attacks and
terrorism in general.
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