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.