accordance with that article in all cases, and underlines the exceptional and temporary
nature of any such derogations;1
5. Calls upon States to raise awareness of the importance of these obligations
among national authorities involved in combating terrorism;
6. Reaffirms that counter-terrorism measures should be implemented in full
consideration of the human rights of persons belonging to minorities and must not be
discriminatory on grounds such as race, colour, sex, language, religion or social origin;
7. Calls upon States not to resort to profiling based on stereotypes founded on
grounds of discrimination prohibited by international law, including on racial, ethnic
and/or religious grounds;
8. Urges States, while countering terrorism, to fully comply with their
obligations in respect of torture and other cruel, inhuman or degrading treatment or
punishment, in particular the absolute prohibition of torture;
9. Also urges States to fully respect non-refoulement obligations under
international refugee and human rights law and, at the same time, to review, with full
respect for these obligations and other legal safeguards, the validity of a refugee status
decision in an individual case if credible and relevant evidence comes to light that
indicates that the person in question has committed any criminal acts, including
terrorist acts, falling under the exclusion clauses under international refugee law;
10. Calls upon States to refrain from returning persons, including in cases
related to terrorism, to their countries of origin or to a third State whenever such
transfer would be contrary to their obligations under international law, in particular
human rights law, international humanitarian law and international refugee law,
including in cases where there are substantial grounds for believing that they would be
in danger of subjection to torture, or where their life or freedom would be threatened
in violation of international refugee law on account of their race, religion, nationality,
membership of a particular social group or political opinion, bearing in mind
obligations that States may have to prosecute individuals not returned;
1
See, for example, general comment No. 29 (2001), on article 4 of the Covenant (derogations
during a state of emergency) adopted by the Human Rights Committee.
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