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
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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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