A/HRC/16/51
United Nations
General Assembly
Distr.: General
22 December 2010
Original: English
Human Rights Council
Sixteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while
countering terrorism, Martin Scheinin
Ten areas of best practices in countering terrorism
Summary
The present document is the sixth and last annual report submitted to the Human
Rights Council and its predecessor, the Commission on Human Rights, by the current
Special Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism.
In chapter II of the report, the Special Rapporteur lists his key activities from 1
August to 10 December 2010. In the main report, contained in chapter III, he presents a
compilation of best practice in countering terrorism. The compilation is the outcome of an
analysis undertaken by the Special Rapporteur on the basis of his work conducted over
almost six years and involving various forms of interaction with multiple stakeholders. In
particular, he has taken into account the written submissions received from Governments
by 30 November 2010. The full submissions are reproduced in an addendum
(A/HRC/16/51/Add.4).
The outcome of the process is the identification of 10 areas of best practice. A best
practice is distilled from existing and emerging practices in a broad range of States
throughout the world. The compilation also draws upon international treaties, resolutions
adopted by international organizations and the jurisprudence of international and regional
courts.
The substance of the selected 10 areas of best practice is explained in the
commentary, presented separately for each practice.
The concept of “best practice” refers to legal and institutional frameworks that serve
to promote and protect human rights, fundamental freedoms and the rule of law in all
aspects of counter-terrorism. Best practice refers not only to what is required by
GE.10-17898
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