A/HRC/4/88
page 4
report is to further clarify the nature and scope of States’ obligations in relation to
non-refoulement in cases involving a real risk of torture, as well as other human rights abuses;
address the human rights implications of targeted sanctions against individuals suspected of
terrorist activity; and identify some of the practical challenges to effective judicial cooperation in
relation to counter-terrorism, including issues related to the use of intelligence information,
exchange of evidence, and information-sharing.
II. RECENT ACTIVITIES
5.
In November 2006, my Office and the Organization for Security and Cooperation in
Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) jointly
organized a Workshop on Human Rights and International Cooperation in Counter-Terrorism.
The meeting was hosted by the Government of Liechtenstein, with participation by the Minister
for Foreign Affairs, the Prosecutor-General and the Permanent Representative of Liechtenstein
to the United Nations in New York. Approximately 50 people attended the workshop lasting
two and a half days. Discussions took place under the Chatham House Rule (confidentiality of
meetings facilitates free speech) and provided an opportunity for security experts and legal
advisers from ministries of the interior, justice, defence and foreign affairs in various OSCE
participating States, as well as human rights and international law experts, to engage in an open
and constructive dialogue on human rights challenges that Governments, and others, currently
are facing in countering terrorism.
6.
Key objectives of the workshop were to identify and discuss international human rights
obligations and commitments of OSCE participating States in the field of international
cooperation in matters related to combating terrorism and to assist States in ensuring that
measures taken to counter terrorism comply with their obligations under international human
rights law. The workshop focused on issues related to the transfer of individuals suspected of
terrorist activity, including the principle of non-refoulement, procedural guarantees and due
process in the context of transferring individuals. Participants also discussed issues related to
exchange of evidence and information-sharing, as well as individual sanctions such as asset
freezing and the human rights implications of national and international listing mechanisms.
7.
In the present report, I address some of the issues raised at the expert workshop and
identify a number of challenges for further consideration. Other regions would benefit from a
similar analysis of regional case law and practice.
III. HUMAN RIGHTS AND INTERNATIONAL COOPERATION
IN COUNTER-TERRORISM
A. Non-refoulement
8.
As part of its efforts to counter terrorism, a State may legitimately detain persons
suspected of terrorist activity. I note with concern, however, that in some cases individuals
suspected of involvement in terrorist activity have been detained and transferred in a manner
which takes place outside the practical reach of established national and international legal
frameworks. Where any measure involves the deprivation of an individual’s liberty, compliance
with international and regional human rights law related to liberty and security of persons, the
right to recognition before the law and the right to due process is essential.
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