A/HRC/RES/29/9
under international law, including international human rights law and international
humanitarian law;
17.
Also urges States to undertake prompt, independent and impartial fact-finding
inquiries whenever there are plausible indications of breaches of their obligations under
international human rights law as a result of any measures taken or means employed to
counter terrorism, and to ensure accountability for those responsible for violations that
amount to crimes under national or international law;
18.
Notes with concern measures that can undermine human rights and the rule of
law, such as the detention of persons suspected of acts of terrorism in the absence of a legal
basis for detention and due process guarantees, the unlawful deprivation of the right to life,
and other fundamental freedoms, such as freedom of assembly and association, the
deprivation of liberty that amounts to placing a detained person outside the protection of the
law, the trial of suspects without fundamental judicial guarantees, the illegal deprivation of
liberty and transfer of individuals suspected of terrorist activities, the return of suspects to
countries without individual assessment of the risk of there being substantial grounds for
believing that they would be in danger of subjection to torture, and limitations to effective
scrutiny of counter-terrorism measures;
19.
Stresses that all measures used in the fight against terrorism, including the
profiling of individuals and the use of diplomatic assurances, memorandums of
understanding and other transfer agreements or arrangements, must be in compliance with
the obligations of States under international law, including international human rights,
refugee and humanitarian law;
20.
Urges States, while countering terrorism, to respect the rights to be equal
before the courts and tribunals and to a fair trial, as provided for by international law,
including international human rights law, such as article 14 of the International Covenant
on Civil and Political Rights and, as applicable, international humanitarian law and refugee
law;
21.
Also urges States to take measures to ensure that counter-terrorism laws and
implementing measures are consistent with and are applied in a manner that fully respects
the rights compliant with articles 10 and 11 of the Universal Declaration of Human Rights
and further codified in articles 14 and 15 of the International Covenant on Civil and
Political Rights, in particular to ensure respect of the principle of certainty of the law by
clear and precise provisions;
22.
Reiterates its concern with regard to measures that can undermine human
rights and the rule of law, and urges all States to take all necessary steps to ensure that
persons deprived of their liberty, regardless of the place of arrest or detention, enjoy the
guarantees to which they are entitled under international law, including review of their
detention and other fundamental judicial guarantees;
23.
Takes note of the report of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism; 1
24.
Takes note with appreciation of the report of the United Nations High
Commissioner for Human Rights on the protection of human rights and fundamental
freedoms while countering terrorism;2
1
2
A/HRC/29/51.
A/HRC/28/28.
3
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