A/HRC/8/13
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56. In the same vein as the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law (General Assembly resolution 60/147), and the
Principles for the protection and promotion of human rights through action to combat impunity
(E/CN.4/Sub.2/1997/20/Rev.1 and E/CN.4/2005/102/Add.1), the elaboration of a statement of
human rights principles and guidelines drawing on national and international best practice that
would comprehensively address the victims of terrorism is both appropriate and deserving of
serious consideration.
III. CONCLUSIONS
57. I recall again the importance of placing human rights at the core of international
cooperation in counter-terrorism and the obligation of all States to ensure that measures
taken to combat crimes of terrorism comply with their obligations under international
human rights law, in particular the right to recognition as a person before the law, due
process, and non-refoulement. Compliance with international human rights standards is
essential, never more so than where counter-terrorism measures involve the deprivation of
individual liberty.
58. I am concerned with the practical obstacles to truly effective international and
judicial cooperation in counter-terrorism which arise from unlawful interferences with
privacy, search, seizure and surveillance; the insufficient remedies for violation of human
rights in the context of evidence-gathering and information-sharing; the transfer and/or
admissibility of evidence gathered by unlawful means; insufficient respect for the principle
of legality in relation to the definition of terrorist offences; the protection of witnesses; and
inappropriate redistributions of burdens of proof in particular legal proceedings in this
area. My Office will continue to reflect on these issues with a view to assisting States in
strengthening the effectiveness of mutual legal assistance, respect for human rights and
upholding the rule of law in effectively countering terrorism.
59. I encourage all States that have not ratified the Optional Protocol to the Convention
against Torture and the Disappearances Convention to do so. That said, ratification itself
will not have full meaning unless it is accompanied by the compliance of national legislation
with international human rights standards, the regular submission of periodic reports to
the respective monitoring bodies and the implementation, at the national level, of their
recommendations. Only through this way, can it be evenly guaranteed that all measures
will comply with human rights law.
60. Targeted sanctions such as asset freezing and travel bans may be useful tools in
States’ efforts to combat terrorism and might be helpful in preventing terrorist activity,
but such procedures must be improved fully to meet human rights standards.
61. States should increase awareness and support for victims of terrorism, by pointing to
the importance of the work that is required in order to give victims a voice that can help to
humanize them and provide an important counterpoint to a narrative of hate and violence.
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