A/HRC/7/14
Page 17
44.
The imposition of a state of emergency has led on many occasions to actions that are
incompatible with the right to freedom of expression and, in particular, to a free media. The
Special Rapporteur is concerned that, immediately after the imposition of a state of
emergency, many Governments take aggressive action against freedom of expression in many
different forms: by suspending TV news channels, blocking websites and telephone services,
attacking detaining and arresting journalists covering protests and appointing government
officials to monitor, and in effect censor, the content of newspapers. The Special Rapporteur
has observed with concern how, in many of these cases, States have introduced laws giving
government officials the authority to take unilateral action against media organizations.
45.
Regulations under states of emergency often allow for arbitrary detentions and arrests,
the banning of demonstrations which could lead to “public disorder” and the suspension of
local assemblies or governments if they block or impede the legal actions of the public
authorities. The right to freedom of opinion and expression is usually violated under
situations of states of emergency. Journalists and other media practitioners face persecutions
and attacks and it is difficult to obtain independent and reliable information, which is
essential for society in these situations.
46.
The Special Rapporteur emphasizes that emergency powers may be legitimate only in
cases of extreme national crises which threaten the life of the nation. Those powers are
defined and limited by articles 4 and 19, paragraph 3, of the International Covenant of Civil
and Political Rights and, therefore, restrictions placed on rights are to be limited in both
scope and duration “to the extent strictly required by the exigencies of the situation” (art. 4).
In this context, a state of emergency is by definition a temporary legal response to an
exceptional and grave threat to the nation, and must be treated as such. The principle of
proportionality must be respected with respect to the duration and geographical and material
scope of the state of emergency.
Countering terrorism
47.
Throughout his mandate, the Special Rapporteur has paid close attention and strongly
condemned the critical threat posed by terrorism in the contemporary world, whilst also
noting the negative implications that some policies designed to fight terrorism have had on
the full enjoyment of human rights. Counter-terrorism and national security legislation
approved in recent years have on many instances exceeded the bounds of what is permissible
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