A/HRC/22/26
safeguards that are due under international law to all persons deprived of their liberty. 8 In
some jurisdictions, the permissible period for pre-charge detention has been extended for
persons suspected of terrorist activity, while the length of time a person may be held either
without judicial authorization or review of reasons for detention has been increased. The
result has been that in many places, individuals accused of terrorist activity have been held
for prolonged periods without charge or trial, in some cases without recourse to
independent judicial review. Such practices may violate the right to liberty and to be free
from arbitrary detention, under international law.9 They also increase the risk of torture and
other ill-treatment, and impede accountability where such violations occur. Lengthy pretrial detention also may violate the presumption of innocence, thereby jeopardizing the right
to fair trial.
23.
Other policies and practices have also challenged the right to fair trial for persons
accused of terrorist activity. The use of anonymous witnesses and the expansion of the type
of evidence that can be withheld from the defence in cases against persons suspected of
terrorist activity are practices which have challenged the right to fair trial in a number of
States. In some jurisdictions, the use of evidence including confessions obtained through
torture or ill-treatment has been permitted, in violation of international human rights law. A
number of countries have established extraordinary or specialized chambers within the
ordinary courts, or special courts, to conduct terrorism-related trials, at times in a manner
that is inconsistent with human rights standards, including as this relates to the right to a
fair trial by an independent and impartial tribunal, and also without sufficient due process
guarantees for the accused.10
Regional expert symposia on fair trial and due process in the counter-terrorism
context
24.
In order to address these challenges and provide good practice guidance on due
process and the right to fair trial in the context of counter-terrorism, as Chair of the CTITF
Working Group on Protecting Human Rights While Countering Terrorism, the Office has
jointly organized a series of regional expert symposia in collaboration with the CTITF
Office. Through these meetings, we have sought to facilitate meaningful participation of
regional and national experts and practitioners working on issues related to due process in
the context of counter-terrorism, who would provide first-hand, practical knowledge of the
challenges and complexities encountered, as well as good practice experiences to be
recommended.
25.
The first expert regional symposium took place in February 2011, in Bangkok, for
the Southeast Asia region. A second meeting was held in February 2012 in Istanbul, for the
Middle East and North Africa region, and a third in Brussels in July 2012, for the European
region. A final expert meeting is scheduled to take place in early 2013.
26.
The objectives of these regional expert symposia were to assess and analyse the
obstacles and challenges to implementing the requirements for fair trial as set out in
international human rights law and standards; to identify other key rights to secure the
fundamental requirements of a right to a fair trial in the context of counter-terrorism; and to
exchange experiences regarding good practices with respect to the protection of human
rights in this regard. The symposia also provided an opportunity to consider the role that the
regional counter-terrorism instruments have played, where relevant, and the extent to which
8
9
10
International humanitarian law provides for substantially similar protections for the trial of persons in
the context of armed conflicts. See A/HRC/16/50, para. 30.
International Covenant on Civil and Political Rights, art. 9.
See report of the High Commissioner for Human Rights (A/HRC/16/50).
9
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