A/HRC/22/26 these cohere with applicable international human rights standards. They have also facilitated consideration of questions of accountability for past abuses, both at individual and institutional levels, as well as forward-looking discussions on how institutions and authorities can be both effective in their counter-terrorism objectives while safeguarding due process-related human rights of all persons within their jurisdiction. 27. The outcome of the expert symposia will contribute to the publication, by the OHCHR-led CTITF Working Group on Protecting Human Rights While Countering Terrorism, of a basic human rights reference guide. Drawing on good practice experiences from different regions, the publication will provide guidance to Member States and others on how best to ensure due process and the right to fair trial in the context of counterterrorism. 28. For the purposes of the present report, certain common general themes and observations, as well as challenges and good practices, are distilled as illustrative highlights of the discussions at the first three regional expert symposia. General observations 29. A cross-cutting observation made by participants in all three regional symposia was that protecting human rights and ensuring respect for the rule of law itself contributes to countering terrorism, notably by creating a climate of trust between States and those under their jurisdiction, as well as to ensuring, for example, that evidence is excluded for reasons of having been obtained in a manner inconsistent with human rights. Conversely, violating human rights – including due process and the right to fair trial in the counter-terrorism context – can be self-defeating as this can contribute to conditions conducive to the spread of terrorism. 30. There was broad recognition that international human rights instruments are essential to effective counter-terrorism measures at national, regional and international levels. In this regard, it is recalled that the Global Counter-Terrorism Strategy explicitly recognizes that to be effective, counter-terrorism measures undertaken must be consistent with a State’s obligations under international law, including international human rights law. The clearest expression of these obligations is in the international human rights treaties to which States are parties. States are therefore strongly encouraged to become party to all of these instruments, as part of a holistic and effective counter-terrorism strategy. Doing so also gives the State credibility and legitimacy in the eyes of the community, and provides clear, internationally accepted baselines for State conduct. 31. Discussions at the expert regional symposia also affirmed the primacy of rule of law-based, criminal justice approaches to counter-terrorism. Through good practice and experience, there is increasing recognition that regular systems of criminal justice can and should be used for the trial of terrorist suspects. The prosecution of perpetrators of terrorist acts in compliance with international human rights standards is critical to preventing and combating terrorism. It ensures accountability by bringing perpetrators to justice, as well as providing a remedy for victims of terrorism and serving as a deterrent for potential acts of terrorism. A rule of law-based, criminal justice response to terrorism also helps to ensure that institutions at national, regional and international levels are accountable, effective and legitimate. This principle is recognized in the Global Counter-Terrorism Strategy, which underscores the important role of the United Nations in “strengthening the international legal architecture by promoting the rule of law, respect for human rights, and effective 10

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