A/HRC/43/46/Add.1 and counter extremism, create conditions for ill-conceived, disproportionate and discriminatory counter-terrorism and counter-extremism measures, which have a lasting discriminatory and disproportionate impact on a number of individuals, groups and communities. 59. In both conception and application, the counter-terrorism and extremism regimes provide excessive leeway to the authorities to target and silence those who peacefully question the established order, including various civil society actors, human rights defenders, trade unionists, journalists, bloggers, and members of marginalized communities or of communities legitimately exercising their religious freedoms. The overwhelming focus on extremism has no justification under international law. Its vagueness disqualifies it from being reconcilable with the principle of legality, while its impact on fundamental freedoms prevents it from complying with the principle of proportionality. The overly constrained judicial system contributes to the burden and impact of accusations of terrorism and extremism and fails to provide sufficient protection or remedies. 60. The Special Rapporteur makes the following recommendations: (a) The definition of terrorism in the Criminal Code must be reviewed and narrowed down substantially to comport with best international practice, including the definition provided by the Special Rapporteur and/or Security Council resolution 1566 (2004), to ensure that its provisions are as narrow as possible. The provisions on extremism as a criminal offence must be repealed; (b) Religious practice must be protected and never be criminalized as extremism. The recommendations of the Special Rapporteur on freedom of religion or belief (see A/HRC/28/66/Add.1) should be implemented in full; (c) The peaceful exercise of the right to freedom of expression must never be construed as terrorism or extremism. No one should be criminalized for exercising the rights to freedom of peaceful assembly and of association. The recommendations of the Special Rapporteur on the rights to freedom of freedom of peaceful assembly and of association (see A/HRC/29/25/Add.2) should be implemented in full; (d) The right to a fair trial must be protected in all terrorism and extremism cases. Trials must be open and transparent. The principle of equality of arms must be fully respected. The accused must have access to independent lawyers, who must be given sufficient time and resources to prepare the defence. Equal weight must be given to evidence from both sides, and reliance on government-appointed and securitycleared “experts” must be avoided; (e) Persons convicted of terrorism or extremism charges must not face additional penalties by virtue of prison conditions, access to family, access to education and exercise regimes. Double punishment penalties for persons convicted of terrorism and extremism should be ended; (f) The effectiveness and accessibility of mechanisms to complain about torture and ill-treatment in all places of detention must be increased. Investigations into allegations of torture must be launched ex officio, complaints must be processed in an effective and timely manner, confidentiality must be guaranteed and complainants must not be subject to reprisals. Specific measures to address the physical and psychological impact of torture must be established in the form of reparation and rehabilitation for victims of torture and ill-treatment; (g) Minimum standards of detention in accordance with the Nelson Mandela Rules must be fully implemented. Additional resources to modernize the detention centres, commensurate with the level of economic development of the State, should be considered; (h) The security sector should be downsized to adequately reflect the low level of threat of terrorism faced by the State. Emergency powers in the form of counter-terrorism operations must be subject to transparency and strict oversight; and in all cases in which lethal force is used, independent, impartial, effective and public investigations must be launched to ensure accountability; 18