A/HRC/22/26
power in any one authority. These approaches are essential to ensuring that the use of
counter-terrorism powers is narrowly and appropriately tailored to achieving specific ends,
and is not deployed in an over-broad or oppressive fashion. While non-judicial mechanisms
were recognized as having potential value, it was also recognized that there should always
be the possibility, even as a matter of last resort, for victims to have recourse to judicial
remedies.
IV. Conclusions and recommendations
50.
Participants at the three CTITF Working Group on Protecting Human Rights
While Countering Terrorism regional expert symposia on due process and right to
fair trial recognized the challenges that arise in the context of countering terrorism,
including pressure on State authorities to adopt swift security measures to prevent
and combat terrorist acts. They emphasized however, as demonstrated by experience,
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. Conversely, violating human rights – including due
process and the right to fair trial in the counter terrorism context – can be selfdefeating as this can contribute to conditions conducive to the spread of terrorism.
51.
The High Commissioner welcomes the reaffirmation of the Global CounterTerrorism Strategy as a renewed commitment by Member States to ensuring the
promotion and protection of human rights and the rule of law as the fundamental
basis of the fight against terrorism. As Chair of the CTITF Working Group on
Protecting Human Rights While Countering Terrorism, the Office of the High
Commissioner for Human Rights remains committed to supporting Member States’
efforts to enhance the implementation of their obligations under international human
rights law in the fight against terrorism, in line with their commitments under Pillar
IV of the Strategy. The High Commissioner encourages CTITF and its entities to
continue to integrate a human rights and rule of law-based approach throughout their
activities, as well as to enhance their engagement with civil society, in support of the
implementation of the Strategy.
52.
International human rights instruments are essential to effective counterterrorism measures at national, regional and international levels. Member States, if
they have not yet done so, are urged to become party to all international human rights
treaties, withdraw remaining reservations and accept the jurisdiction of the
International Court of Justice, as well as international human rights treaty body
individual complaints procedures.
53.
The ius cogens and non-derogable nature of the absolute prohibition of torture
and other forms of cruel, inhumane, degrading treatment or punishment; of the
obligation of non-refoulement; and of the core elements of the right to fair trial,
further reinforce the importance of strictly upholding these human rights in the
counter-terrorism context. National and international efforts to eradicate torture
must focus on prevention, including through the establishment of systems of regular
visits, by independent international and national bodies, of places where people are
deprived of their liberty. The High Commissioner encourages all States that have not
ratified the Optional Protocol to the Convention against Torture to do so as soon as
possible. Member States are encouraged also to strengthen safeguards against
arbitrary detention, on the basis of the model set out in the International Convention
for the Protection of All Persons from Enforced Disappearance.
16
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