A/HRC/22/26
Committee has held thematic discussions on issues relevant to the resolutions, all of which
have referred to relevant human rights aspects. This has included reference to the need to
take human rights into account in handling requests for extradition and mutual legal
assistance, as well as the importance of ensuring fair treatment in the freezing of assets of
persons believed to be involved in the commission of terrorist acts. Relevant human rights
issues were addressed in global surveys prepared by the Committee and submitted to the
Security Council on implementation by States of resolutions 1373 (2001) and 1624 (2005).
Furthermore, in conformity with Security Council resolution 1963 (2010), CTED ensures
attention to relevant human rights issues in the context of country visits organized with the
consent of the visited Member State.
20.
In line with General Assembly resolution 66/171 and Human Rights Council
resolution 19/19, the Committee and its Executive Directorate continued to liaise with the
Office of the High Commissioner for Human Rights, the Special Rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering
terrorism, and other human rights entities. CTED held an in-house brainstorming session on
the human rights aspects of implementation of resolution 1624 (2005), in October 2011, to
which it invited the Special Rapporteur on the promotion and protection of human rights
while countering terrorism, the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, and the Special Rapporteur on freedom of
religion or belief. CTED also continued its active contribution to the CTITF Working
Group on Protecting Human Rights While Countering Terrorism, chaired by the Office,
including through its participation in the three regional workshops on fair trial and due
process in the context of counter-terrorism organized by OHCHR as Chair of the working
group.
III. Due process and the right to fair trial in the context of
counter-terrorism
21.
In her report (A/HRC/16/50) to the Council, the High Commissioner expressed her
deep concern over measures adopted by some States in their fight against terrorism which
continue to infringe on basic standards of fair trial or otherwise limit access to the judicial
process. These measures have included the adoption and application, in many States, of
legislation containing overly broad and vague definitions of terrorist offences. Such laws
fail to comply with the principle of legality 6 as they do not provide for reasonable notice of
what actions they cover, or are so broad that they cover actions which either should not
reasonably be deemed terrorist in nature, or considered to be crimes at all. The breadth and
scope of such legislation has also allowed for arbitrary and discriminatory enforcement by
authorities, and has led, in many cases, to infringements of the rights to freedom of
expression, assembly, association and religion or belief, as well as violations of due
process-related rights, including the right to fair trial.7
22.
In addition, in response to the challenges posed by the threat of terrorism, some
States have sought to bypass the criminal justice system to deal with counter-terrorism
cases. This has been done through the use of administrative counter-terrorism measures,
including administrative detention, control orders, terrorist listings and the use of
immigration and deportation laws instead of criminal justice systems. Authorities in some
States have resorted to detaining people accused of terrorism without respect for the
6
7
8
International Covenant on Civil and Political Rights, art. 15.
Ibid., arts. 9 (3) and 14.
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