A/HRC/16/51
(a)
The implications of any proposed or recent amendments or additions
to the law relating to terrorism, including an opinion on whether these are
compatible with international human rights and refugee law that is binding upon the
State, as well as, when applicable, principles and provisions of international
humanitarian law;
(b)
Whether the application in practice of the law relating to terrorism,
during the period of review, has been compatible with international human rights
and refugee law that is binding upon the State, as well as, when applicable,
principles and provisions of international humanitarian law.
D.
Effective remedies for violations of human rights
22.
It is vital that those whose rights have been violated by counter-terrorism law and
practice have free access to seek effective remedies, including in respect of privatized
counter-terrorist functions.36 It is widely acknowledged that any individual who believes
that his or her rights have been infringed must be able to seek redress, and should be able to
do so by bringing a complaint to a court or oversight institution, such as an ombudsman,
human rights commission or national human rights institution.37 Remedial provisions
should be framed in sufficiently broad terms so as to enable effective remedies to be
provided according to the requirements of each particular case, including, for example,
release from arbitrary detention, compensation and the exclusion of evidence obtained in
violation of human rights. To be effective, remedies should be tailored to ensure that they
are both appropriate and just. Although a single remedy might not entirely satisfy this, the
aggregate of several remedies may do so.38
23.
As a minimum safeguard for the provision of effective remedies, the Special
Rapporteur formulates the template provision below as a best practice in the fight against
terrorism:
Practice 5. Model remedies provision
Any person whose human rights have been violated in the exercise of counterterrorism powers or the application of counter-terrorism law has a right to a speedy,
effective and enforceable remedy. Courts shall have the ultimate responsibility to ensure
that this right is effective.
E.
Victims of terrorism
24.
Addressing the rights of the victims of terrorism represents a best practice not just
because it assists the victims of terrorism to rebuild their lives, but can also help to reduce
tensions in society that might themselves result in conditions conducive to recruitment to
terrorism. States are recognizing the need for victims of terrorism to be provided with legal
status and with protection of their human rights at all times, including their rights to health,
36
37
38
12
See International Covenant on Civil and Political Rights, art. 2(3)(a); General Assembly resolution
64/168, para. 6 (n); Canada, Charter of Rights and Freedoms 1982, sect. 24; and United Kingdom,
Human Rights Act, 1998, sect. 8. See also the questionnaire responses submitted by Bolivia
(Plurinational State of), Finland, Latvia, Mauritius, Pakistan, Slovakia and Switzerland; and
A/HRC/6/17/Add.4, paras. 38 and 59.
A/HRC/14/46, practices 9 and 10, and para. 16.
Silver v United Kingdom, 1983, ECHR 5, para. 113 (c).
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