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
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