A/HRC/16/51 Law Coordination and Resource Group. He also met with a number of non-governmental organizations and held a press conference. 7. On 27 October 2010, the Special Rapporteur attended the trial against Ahmed Khalfan Ghailani before the United States District Court for the Southern District of New York relating to the terrorist attacks against the embassies of the United States of America in Nairobi and Dar es Salaam of 7 August 1998. III. Ten areas of best practice in countering terrorism2 8. In the United Nations Global Counter-Terrorism Strategy, reaffirmed most recently by the General Assembly in its resolution 64/297, the States Members of the United Nations recognize that terrorist acts are aimed at the destruction of human rights, fundamental freedoms and democracy.3 Measures to combat terrorism may also prejudice the enjoyment of – or may violate – human rights and the rule of law. Recognizing that compliance with human rights is necessary to address the long-term conditions conducive to the spread of terrorism, and that effective counter-terrorism measures and the protection of human rights are complementary and mutually reinforcing goals, the Special Rapporteur identifies 10 areas of best practice in countering terrorism. The compilation is the outcome of analysis undertaken by the Special Rapporteur on the basis of his work during almost six years and involving various forms of interaction with multiple stakeholders. 9. 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. When establishing and then extending the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Commission and the Council requested the Special Rapporteur to identify, exchange and promote best practices on measures to counter terrorism that respect human rights and fundamental freedoms.4 In his thematic and country-specific reports, the Special Rapporteur has accordingly sought to identify elements of best practice where appropriate.5 Drawing on his experience of almost six years, and including reference to existing and emerging practices in a broad range of States throughout the world, and upon international treaties, resolutions of international organizations and the jurisprudence of international and regional courts, the Special Rapporteur takes this opportunity to identify and promote 10 areas of best practice in countering terrorism. 10. In this context, “best practice” refers to legal and institutional frameworks that serve to promote and protect human rights and the rule of law in all aspects of counter-terrorism. Best practice refers not only to what is required by international law, including human rights law, but also includes principles that go beyond these legally binding obligations. The identification of best practice is based upon three criteria: (a) a credible claim that the practice is an existing or emerging practice, and/or one that is required by, or has been recommended by or within, international organizations, international treaties or the 2 3 4 5 - The Special Rapporteur would like to acknowledge the contribution of Dr. Alex Conte and other members of his informal panel of experts for their assistance in the preparation of the present compilation. See also the statement by the President of the Security Council of 27 September 2010 (S/PRST/2010/19), second paragraph. Commission on Human Rights resolution 2005/80, para. 14 (c), and Human Rights Council resolution 6/28, para. 2 (d). See, for example, A/HRC/6/17/Add.3, para. 43, A/63/233, para. 45, A/HRC/10/3, and A/HRC/13/37, paras. 8-57. 5

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