A/HRC/8/13 page 15 44. The practice of detaining terrorist suspects in secret detentions results in numerous human rights violations. Obviously the right to fair trial will be violated. The acknowledgement of the existence of some places of secret detention shows that this type of detention has prevented those detainees from practising their right to be heard and brought before independent courts. Therefore, safeguards must also be put in place to ensure that these practices do not recur, that governments do not act outside the law and do not by-pass the judicial process. States may also be held responsible when their agents have acted ultra vires their formal powers. In addition, where such violations have taken place, States have a duty to undertake prompt and effective investigations to identify and prosecute those responsible for the violation, as well as ensure that the victims are adequately compensated. 5. Sanctions issues: listing and delisting; asset-freezing and confiscation 45. The absence of human rights guarantees to the current international regime of targeted sanctions against individuals suspected of involvement in terrorist activity could infringe their right to property, right to be heard and right to effective judicial review, as has been increasingly recognized by a number of regional and national courts. This poses serious human rights issues. More effort continues to be needed to ensure a listing process which is transparent, based on clear criteria, and with an appropriate, explicit, and uniformly applied standard of evidence, as well as effective, accessible and independent review. Recent improvements to the United Nations sanctions procedures are a first, partial step towards ensuring fair and clear procedures for placement on and removal from sanctions lists, but comprehensive reform continues to be urgently required. 46. In the 2005 World Summit outcome document, Member States called upon the Security Council, with the support of the Secretary-General, to improve its monitoring of the implementation and effects of sanctions, to ensure that sanctions are implemented in an accountable manner, to review regularly the results of such monitoring and to develop a mechanism to address special economic problems arising from the application of sanctions in accordance with the Charter. They also called upon the Security Council, with the support of the Secretary-General, to ensure that fair and clear procedures exist for placing individuals and entities on sanctions lists and for removing them, as well as for granting humanitarian exemptions.10 47. The main human rights concerns regarding sanctions fall under respect for due process rights, notably the standards of proof and evidence in the listing procedures, the denial of a fair hearing, and the lack of consideration to remedies available to individuals whose human rights have been violated in the sanctions process. Individuals have a right to know an appropriate factual basis and reasons behind a listing decision, as well as the procedures available for challenging a decision. Open-ended periods of applicable sanctions, notably in respect of freezing the assets of suspects, have a direct punitive impact and readily threaten to go well beyond 10 2005 World Summit, General Assembly resolution 60/1 of 16 September 2005, paras. 102-103.

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