A/HRC/16/51
expelled or otherwise removed to a country or area if the foreseeable consequence of that
measure is the person’s exposure to a real risk of torture or other cruel, inhuman or
degrading treatment or punishment.74
Practice 10. Core elements of best practice in the arrest and interrogation of terrorist
suspects
1.
Any form of secret or unacknowledged detention is prohibited.
2.
Every person has the right to contact a lawyer of his or her choice from the
moment of arrest or detention. The scope of such choice may be restricted for genuine
reasons of national security.
3.
Any form of torture or other cruel, inhuman or degrading treatment or
punishment is prohibited. Compliance with this prohibition shall be effectively monitored.
4.
Information obtained through torture or other cruel, inhuman or degrading
treatment or punishment, anywhere in the world, shall not be used in any proceedings and
shall never be solicited or condoned.
5.
Anyone arrested as a terrorist suspect who would face a real risk of torture or
other cruel, inhuman or degrading treatment or punishment shall enjoy the right of nonrefoulement, and may not be extradited, expelled or otherwise formally or informally
removed to a country or area if the foreseeable consequence of that measure is the person’s
exposure to such a risk.
IV.
Conclusion
39.
In the present compilation of 10 areas of best practice in countering terrorism,
the Special Rapporteur has sought primarily to identify legislative models that he
considers appropriate for the effective countering of terrorism in full compliance with
human rights. Beyond such models, best practices could also be identified in other
forms, such as training programmes, the allocation of resources and, above all, the
adoption of national counter-terrorism strategies. Such strategies need to go beyond
good laws and require a comprehensive approach, rooted in human rights and
addressing also conditions conducive to the spread of terrorism, in line with the
Global Counter-Terrorism Strategy adopted by the General Assembly.
74
-
See statement by the United Nations High Commissioner for Human Rights on Human Rights Day
2006, DS-S-TER(2006)003; A/HRC/6/17/Add.3, para. 17; and A/60/316, para. 51.
19
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