A/HRC/RES/25/7
law, the trial of suspects without fundamental judicial guarantees, the illegal deprivation of
liberty and transfer of individuals suspected of terrorist activities, and the return of suspects
to countries without individual assessment of the risk of there being substantial grounds for
believing that they would be in danger of subjection to torture, and limitations to effective
scrutiny of counter-terrorism measures;
16.
Stresses that all measures used in the fight against terrorism, including the
profiling of individuals and the use of diplomatic assurances, memorandums of
understanding and other transfer agreements or arrangements, must be in compliance with
the obligations of States under international law, including international human rights,
refugee and humanitarian law;
17.
Urges States, while countering terrorism, to respect the rights to be equal
before the courts and tribunals and to a fair trial, as provided for by international law,
including international human rights law, such as article 14 of the International Covenant
on Civil and Political Rights and, as applicable, international humanitarian law and refugee
law;
18.
Reiterates the concerns expressed by the General Assembly in its resolution
64/168 with regard to measures that can undermine human rights and the rule of law, and
urges all States to take all necessary steps to ensure that persons deprived of their liberty,
regardless of the place of arrest or detention, enjoy the guarantees to which they are entitled
under international law, including the review of their detention and other fundamental
judicial guarantees;
19.
Takes note with appreciation of the report of the Special Rapporteur on the
promotion and protection of human rights while countering terrorism;1
20.
Requests the Special Rapporteur, in accordance with his mandate, to continue
to gather, request, receive and exchange information on alleged violations of human rights
and fundamental freedoms while countering terrorism, and to report regularly to the Human
Rights Council;
21.
Requests all States to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated, including by reacting promptly to the urgent
appeals and providing the information requested, and to give serious consideration to
responding favourably to requests by the Special Rapporteur to visit their countries;
22.
Encourages United Nations bodies, agencies, funds and programmes
involved in supporting counter-terrorism efforts to continue to facilitate the promotion and
protection of human rights and fundamental freedoms, as well as due process and the rule
of law, while countering terrorism;
23.
Requests the High Commissioner and the Special Rapporteur to contribute
further, appropriately, to the ongoing discussion regarding the efforts of States Members of
the United Nations to assure adequate human rights guarantees to ensure fair and clear
procedures, in particular with regard to placing on and removing individuals and entities
from terrorism-related sanctions lists;
24.
Recalls that the General Assembly, in its resolution 66/171, recognized the
need to continue ensuring that fair and clear procedures under the United Nations terrorismrelated sanctions regime are strengthened in order to enhance their efficiency and
transparency, and welcomed and encouraged the ongoing efforts of the Security Council in
support of these objectives, including by supporting the enhanced role of the office of the
1
A/HRC/25/59.
3
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