A/HRC/16/51 must generally take place before ordinary courts.23 If compelling reasons require the establishment for certain authorities of specific powers necessary to combat terrorism, (a) such powers should be contained in stand-alone legislation capable of being recognized as a unique exception to customary legal constraint;24 (b) the provisions under which such powers are established should be subject to sunset clauses and regular review (see paragraphs 19 and 20 below); and (c) the use of such powers for any purpose other than the combating of terrorism, as properly defined pursuant to practice 7 below, must be prohibited.25 18. International and regional human rights instruments allow for the temporary derogation from the full application of certain rights and freedoms in a very limited set of exceptional circumstances.26 This possibility is restricted to those human rights that are capable of derogation, and where such measures are officially proclaimed and specified.27 Derogating measures (a) are limited to truly exceptional situations where a genuine threat to the life of the nation exists, which in certain cases may be caused by terrorism;28 (b) must be strictly required by the exigencies of the situation, so as to be necessary and proportionate, and not capable of being addressed by non-derogating means (including measures that impose limitations upon rights and freedoms pursuant to rights-specific treaty provisions that fall short of derogation);29 (c) are consistent with other international obligations, including refugee law, international humanitarian law and customary international law on human rights;30 and (d) do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.31 Restoration of a state of normalcy, where full respect for the provisions of human rights treaties is again secured, must be the predominant objective of States that have adopted derogating measures.32 19. Many States include mechanisms for the regular review of counter-terrorism laws and practices; some States also include “sunset clauses” requiring the renewal of laws or of certain provisions within their counter-terrorism law.33 The review should include 23 24 25 26 27 28 29 30 31 32 33 10 of), Bulgaria, Finland, Georgia, Greece, Guyana, Hungary, Japan, Latvia, Lithuania, Monaco, Norway, Poland, Portugal, the Republic of Moldova, the Russian Federation, Slovakia, Slovenia, Switzerland, the former Yugoslav Republic of Macedonia and Togo. See A/HRC/6/17/Add.3, paras. 14-15, 20-21 and 59; A/HRC/6/17/Add.4, para. 29; A/63/223, para. 45(e); and questionnaire responses submitted by Poland and Slovakia. David Paccioco, “Constitutional Casualties of September 11: Limiting the Legacy of the Antiterrorism Act” (2002) 16 Supreme Court Law Review (2d) 185, p. 190. See A/60/370, para. 47; E/CN.4/Sub.2/2005/39, para. 33; Council of Europe, Guidelines on Human Rights, op.cit., guideline III(2); Inter-American Commission on Human Rights report on Terrorism and Human Rights, OEA/Ser.L/V/II.116 (2002), paras. 51 and 55. See International Covenant on Civil and Political Rights, art. 4; European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 15; American Convention on Human Rights, art. 27; and OHCHR, fact sheet No. 32, op.cit., p. 15. General comment No. 29 (CCPR/C/21/Rev.1/Add.11), paras. 2-16. Ibid., paras. 2-4; Lawless v Ireland (No. 3), 1961, ECHR 2, para. 28; The Greek Case, 1969, Yearbook of the European Convention on Human Rights 1, para. 153; Ireland v United Kingdom, 1978 European Court of Human Rights 1, para. 207; Sakik and others v Turkey, 1978, 2 ECHR 25, para. 39; Brannigan and McBride v United Kingdom, 1993, European Court of Human Rights 21, para. 54; see also Conte, op.cit., pp. 528-530 and 545-547. See general comment No. 29, op.cit., paras. 3-5, and A/HRC/6/17/Add.4, para. 10. General comment No. 29, op.cit., para. 9. See ibid., paras. 8 and 13(c); and A and others v Secretary of State for the Home Department, 2004, UKHL 56, para. 68. See general comment No. 29, op.cit., paras. 1 and 2, and A/HRC/6/17/Add.4, para. 10. Australia, Security Legislation Amendment (Terrorism) Act 2002, sect. 4; Canada, Criminal Code 1985, sect. 83.32; New Zealand, Terrorism Suppression Act 2002, sect. 70; United Kingdom,