A/HRC/43/46/Add.1
42.
The Special Rapporteur, in particular, expresses very serious concern about the
climate of fear that independent human rights lawyers, often working pro bono on terrorism
and extremism cases, experience. She notes consistent testimony about being under the
constant pressure of engagement with the State’s security services, frequent surveillance
and threats and intimidation by the Government, including the threat that their licences may
be revoked, or the fear that their status will change to that of a witness in their client’s trial.
These practices seriously undermine societal trust in the State and its judicial system but,
ultimately, in the rule of law. 30 In this regard, she recalls the obligations of States, in
accordance with Human Rights Council resolution 36/21, to take all appropriate measures
to prevent the occurrence of acts of intimidation or reprisal in order to effectively protect
those who cooperate with the United Nations, its representatives and mechanisms in the
field of human rights from any act of intimidation or reprisal and to ensure accountability
for such acts.
D.
Legal and institutional mechanisms to address a threat of terrorism
1.
Prominence of the security sector
43.
Despite the current terrorism threat level being “low”, the Government’s counterterrorism apparatus, headed by the National Security Committee and operationalized
through the Anti-Terrorism Centre and its regional offices, has more than 409 offices (205
commissions for the prevention of terrorism and 204 counter-terrorism operational
headquarters) throughout the territory. The wholesale barriers to freedom of expression and
assembly premised on the threat of extremism and terrorism appear disproportionate to the
scale and actuality of the threat, and represent a normalization of securitization limiting the
overall capacity for rule of law and human rights protection across multiple spheres.
44.
The investigation of terrorism and extremism crimes is carried out both by the
National Security Committee and the police, which have similar legislative law
enforcement powers. Broadly, the Committee aims to detect terrorism and extremism
crimes, while the police aim to respond to crimes of this nature. In practice, detection
includes the use of substantial surveillance powers by the Committee. While assured that no
secretive measures of detection can be used without judicial authorization, the Special
Rapporteur is concerned at the repeated allegations of the use of special investigative
techniques, including agents provocateurs in cases of terrorism or extremism, the rate at
which investigations are initiated, which, although closed before charges are pressed, point
to an overzealousness to identify individuals who might have committed terrorism or
extremism offences; as well as the use of official warnings issued in the context of nonprosecution, which can act both as a threat and deterrent to the legitimate exercise of
fundamental freedoms.
2.
Anti-terrorist operations and emergency regimes
45.
The Special Rapporteur notes that the law on anti-terrorism operations is extensive
and functions as an emergency power within the domestic legal framework. She flags
concerns with provisions that may enable impunity for violations committed during
counter-terrorism operations. In counter-terrorism operations, authorities are given broad
powers to stop and search, detain and arrest any individual without a warrant. Worryingly,
such provisions allow for the use of force, including lethal force, against any individual
determined to be a terrorist. Such provisions are contrary to the strict provisions under
international human rights law on the right to life and the use of force by law enforcement
officials, which make it clear that the use of force must be proportionate and that the use of
lethal force, as the ultima ratio, must be used solely in self-defence and when all other
means have been exhausted, including non-lethal force.31 She recalls that the use of force
should be strictly limited, and compliant with the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials.
30
31
14
See the Basic Principles on the Role of Lawyers and General Assembly resolution 45/166.
International Covenant on Civil and Political Rights, art. 6, and Human Rights Committee, general
comment No. 36 (2018) on the right to life, para. 12.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents