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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