A/HRC/30/64
exclusion and lack of participation in political life and the conduct of public affairs and
socioeconomic marginalization. Those problems were often compounded by a lack of
accountability – with impunity of perpetrators prevailing in many situations –, a lack of
access to justice and a remedy for victims of human rights violations and abuses. The
Deputy High Commissioner emphasized that, in that context, States had the primary
responsibility for investigating and, where evidence warranted, prosecuting the perpetrators
of violations in full compliance with international norms, in particular those regarding due
process and fair trial.
7.
Through the United Nations Global Counter-Terrorism Strategy adopted by the
General Assembly in September 2006 (see General Assembly resolution 60/288), Member
States had agreed a holistic, integrated and effective approach to counter terrorism, with
human rights and rule of law as its basis. The Deputy High Commissioner noted, however,
that the Strategy had not yet translated into uniform practice on the ground. She also noted
that measures taken by a number of States in the wake of recent security threats continued
to raise serious human rights concerns. In line with the Strategy and international law,
regular review of counter-terrorism laws and practices was critical to ensure that they are
human rights-compliant and, in particular, specific, necessary, effective and proportionate.
The Deputy High Commissioner recalled that such review was particularly important given
that some States had enacted broadly formulated counter-terrorism legislation that did not
comply with the principle of legality because it lacked sufficiently precise definitions of
what constituted terrorist acts. The breadth and scope of that type of legislation allowed for
arbitrary or discriminatory enforcement by authorities. The application of the death penalty
to broadly construed terrorism-related offences also remained a serious concern, especially
where such offences did not rise to the level of “most serious crimes”, the threshold
required by article 6 of the International Covenant on Civil and Political Rights. The
Deputy High Commissioner also noted that some States sought to bypass the criminal
justice system by using administrative detention, other forms of detention and control
orders on persons suspected of terrorism, without respecting the safeguards enshrined in
international law. Such laws had been used to curb otherwise legitimate activities and to
target journalists, human rights defenders, minority groups and other individuals, some of
whom had been arbitrarily detained and tortured or subjected to cruel, inhuman and
dehumanizing treatment or punishment while in custody.
8.
Noting that the rights to freedom of opinion and expression constitute the foundation
for every free and democratic society, the Deputy High Commissioner discussed the
relationship between counter-terrorism laws and those rights. In accordance with
international human rights law, any restriction on freedom of expression must be clearly
and narrowly defined and must meet the three-part test of legality, proportionality and
necessity. Offences such as “encouragement of terrorism”, “extremist activity”, “praising”
“glorifying” or “justifying” terrorism must be clearly defined so as not to interfere
unnecessarily and disproportionately with freedom of expression.
9.
Lastly, the Deputy High Commissioner recalled that experience at the national level
showed that protecting human rights and ensuring respect for the rule of law contributed to
countering terrorism, in particular by creating a climate of trust between the State and those
under its jurisdiction and by supporting the resilience of communities to threats of violent
radicalism. Conversely, undue restrictions on human rights had proven corrosive to the rule
of law and conducive to a climate of impunity and might therefore undermine the
effectiveness of counter-terrorism measures. It was time to stop basing policy on the false
dichotomy between security and human rights, which, she emphasized, were
complementary and mutually reinforcing. States should focus on policies and initiatives
that increase the enjoyment of all rights — not just civil and political rights, but also
economic, social and cultural rights. Swiftly addressing actual or perceived marginalization
or exclusion of particular communities was crucial.
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