A/HRC/16/50
and its working groups, and lead to a response that is both effective and compliant
with international human rights law.
44.
I commend the renewed commitment of the Security Council to: ensuring that
measures for countering terrorism are adopted in compliance with international law;
supporting the Global Strategy; and improving the 1267 sanctions regime through
procedural reforms. I urge the Council to continue to explore every avenue of
possibility in order to ensure that sanctions imposed against individuals and entities
are accompanied by rigorous procedural safeguards which guarantee minimum due
process standards, for both listing and de-listing decisions. This should include
ensuring full support to the Office of the Ombudsperson, as well as monitoring and
reviewing its practices as necessary, while developing additional mechanisms to
enhance due process protections for listing and de-listing procedures. It should also
include the establishment of an independent, quasi-judicial procedure for review of
listing and de-listing decisions. At the national level, Member States must ensure that
implementation is done in a manner consistent with their international human rights
obligations.
45.
Effective criminal justice systems based on respect for human rights and the
rule of law, including due process guarantees, continue to be the best means for
effectively countering terrorism and ensuring accountability. In line with the Global
Strategy, States should make every effort to develop and maintain an effective and
rule of law-based national criminal justice system and ensure that individuals
suspected of terrorist activity are brought to justice in line with due process
guarantees, including the right to a fair trial, in compliance with international human
rights law.
46.
The use of accurate intelligence is indispensible to preventing terrorist acts and
bringing individuals suspected of terrorist activity to justice. However, the collection
and use of intelligence must include due process safeguards necessary to protect
against abuses and ensure accountability. The challenges to human rights posed by the
increased reliance by States on intelligence, including the abuse of the State secrecy
doctrine in the context of legal proceedings, the use in legal proceedings of evidence
obtained by illegal means, whether at home or abroad, and the use of secret evidence,
all require greater attention by the international community. In the meantime States
must ensure that regulatory frameworks are in place to guarantee compliance with
international human rights law, both domestically and through intelligence
cooperation with other States.
16
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