A/HRC/16/51 from such application, with due process rights applying to such review, including disclosure of the case against him, her or it, and such rules concerning the burden of proof that are commensurate with the severity of the sanctions; 4. The listed individual or entity has the right to make a fresh application for delisting or lifting of sanctions in the event of a material change of circumstances or the emergence of new evidence relevant to the listing; 5. The listing of an individual or entity, and the sanctions resulting from it, lapse automatically after 12 months, unless renewed through a determination that meets the requirements of items 1 to 3 above; and 6. Compensation is available for persons and entities wrongly affected, including third parties. I. Arrest and interrogation of terrorist suspects 36. The arrest, detention, interrogation and subsequent treatment of terrorist suspects may involve, and has in the past involved, the violation of several human rights and fundamental freedoms. One of the most insidious forms of violation in counter-terrorism operations has been the use of secret or unacknowledged detention,67 which is prohibited under international law by human rights and humanitarian law norms that may not be derogated from under any circumstances.68 Persons arrested or detained must be given the benefit of legal assistance of their choosing, and informed of that right.69 Only for genuine reasons of national security may the person’s choice of lawyer be restricted and, in any case, there may never be interference with the right to independent, experienced, competent and effective counsel.70 37. The prohibition against torture or any other form of cruel, inhuman or degrading treatment is absolute and non-derogable and applies to the treatment of any person within the power or effective control of a State, even when not situated within the territory of the State.71 In no circumstances whatsoever is such treatment justified, and States must take measures to effectively prevent, detect and, if detected, prosecute those responsible for all instances of such treatment.72 Measures should include, but not be limited to, the permanent video recording of all interrogation rooms by means that cannot be switched off or erased. Information obtained through torture or other cruel, inhuman or degrading treatment or punishment, wherever that has occurred, may never be used in any proceedings.73 38. States must remain vigilant against all practices that erode the absolute prohibition against torture in the context of counter-terrorism measures, including by ensuring that nonnationals arrested as terrorist suspects enjoy the right of non-refoulement and are not 67 68 69 70 71 72 73 18 For a definition of secret detention, see the joint study on global practices in relation to secret detention in the context of countering terrorism (A/HRC/13/42), para. 8. Ibid, paras. 60-86; A/HRC/6/17/Add.3, paras. 36-37. See Basic Principles on the Role of Lawyers, adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 1990, Principles 1 and 5; and CCPR/C/79/Add.74, para. 28. Basic Principles, ibid., Principle 6. See International Covenant on Civil and Political Rights art. 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 2; Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories, advisory opinion, ICJ Reports 2004, para. 109; A/HRC/6/17/Add.3, paras. 8 and 38, and Add.4, para. 9. Convention against Torture, art. 2;A/HRC/6/17/Add.3, para. 39; A/HRC/6/17/Add.4, para. 18. Convention against Torture, art. 15;A/HRC/6/17/Add.3, paras. 27-28.