A/HRC/45/27
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolutions 37/27
and 42/18, in which the Council invited the United Nations High Commissioner for Human
Rights to pay due attention to the negative impact of terrorism on the enjoyment of all
human rights and fundamental freedoms and on alleged violations of human rights and
fundamental freedoms while countering terrorism and violent extremism conducive to
terrorism, and to report regularly to the Council.
2.
In those two resolutions, the Council reaffirmed its unequivocal condemnation of all
acts, methods and practices of terrorism and the financial support of terrorism as
unjustifiable, and strongly condemned all terrorist acts as criminal and unjustifiable. It
expressed serious concern at violations of human rights and fundamental freedoms and of
international refugee law and international humanitarian law in the context of countering
terrorism. It reaffirmed that States must ensure that any measure taken to counter terrorism
complies with international law, in particular international human rights law, international
refugee law and international humanitarian law. Furthermore, recognizing that countering
terrorism requires a comprehensive approach and a multidimensional strategy to tackle the
factors underlying and conditions conducive to terrorism, the Council urged States to
effectively address the conditions conducive to the spread of terrorism and violent
extremism conducive to terrorism.
3.
Also in those resolutions, the Council deplored the suffering caused by terrorism and
violent extremism conducive to terrorism to the victims and their families. It called upon
States to ensure that any person who alleges that their human rights or fundamental
freedoms have been violated by measures taken or means employed to counter terrorism or
violent extremism conducive to terrorism has access to justice, due process and an effective
remedy. The Council also stressed the importance of developing and maintaining effective,
fair, humane, transparent and accountable criminal justice systems, in accordance with
States’ obligations under international law.
4.
While the total number and rate of terrorism-related incidents and casualties has
continued to decline since peaking in 2014, terrorist acts remain a real threat to
international peace and security. Combating terrorism remains a key priority for many
States and consequently, more efforts have been geared towards investigating and
prosecuting alleged perpetrators of terrorism-related offences. In keeping with that trend
and with Council resolutions 37/27 and 42/18, the present report focuses on measures taken
by States to ensure criminal accountability for human rights abuses committed through
terrorist acts and human rights violations committed in the context of countering terrorism.
It also sets out the main requirements enshrined in international human rights law to ensure
the rights of victims to an effective remedy and reparation. The final section provides some
guidance for States on how to strengthen efforts to ensure accountability and uphold the
rights of victims in accordance with international human rights law.
5.
The report was submitted while coronavirus disease (COVID-19) was ravaging
many States and communities and taking many lives. The consequences of the pandemic
and of certain responses to it were also exacerbating already existing human rights
protection gaps. As the High Commissioner has noted, the responses to that global health
emergency must comply with human rights.2 While some human rights may legitimately be
limited on the grounds of public health, such limitations must be provided by law,
necessary, proportionate, non-discriminatory and imposed with procedural safeguards, so
that the rule of law and core enjoyment of human rights do not also fall victim to the
response to the pandemic.
6.
Nevertheless, in implementing exceptional or emergency measures in response to
COVID-19, some States have resorted to counter-terrorism measures and tools. The
convergence of counter-terrorism approaches and public health measures has led to
2
2
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25915&LangID=E.
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