A/HRC/19/2
8.
Acknowledges that the active participation of civil society can reinforce
ongoing governmental efforts to protect human rights and fundamental freedoms while
countering terrorism;
9.
Calls upon States, while countering terrorism, to ensure that any person
whose human rights or fundamental freedoms have been violated has access to an effective
remedy and that victims will receive adequate, effective and prompt reparations where
appropriate, including by bringing to justice those responsible for such violations;
10.
Urges States, while countering terrorism, to protect all human rights,
including economic, social and cultural rights, bearing in mind that certain counterterrorism measures may have an impact on the enjoyment of those rights;
11.
Calls upon States, while countering terrorism, to safeguard the right to
privacy in accordance with international law, and urges them to take measures to ensure
that interferences with the right to privacy are regulated by law, subject to effective
oversight and appropriate redress, including through judicial review or other means;
12.
Notes with concern measures that can undermine human rights and the rule of
law, such as the detention of persons suspected of acts of terrorism in the absence of a legal
basis for detention and due process guarantees, the unlawful deprivation of the right to life,
the deprivation of liberty that amounts to placing a detained person outside the protection of
the 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;
13.
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;
14.
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;
15.
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;
16.
Takes note with appreciation of the report of the Special Rapporteur on the
promotion and protection of human rights while countering terrorism;27
17.
Takes note of the compilation of good practices on legal and institutional
frameworks and measures that ensure respect for human rights by intelligence agencies
27
56
A/HRC/16/51.
GE.13-14768
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