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.

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