A/HRC/22/26 criminal justice systems, which constitute the fundamental basis of our common fight against terrorism.”11 Challenges and good practices 32. Discussions at each of the three regional expert symposia also highlighted some of the specific challenges to due process and the right to fair trial in the counter-terrorism context, as well as principles and good practices based on the insights, experiences and expertise of participants. Prohibition of torture and ill-treatment 33. For instance, participants were of the view that the heightened risk of torture and illtreatment in the counter-terrorism context was amongst the most serious of human rights challenges. Discussions highlighted the ius cogens and non-derogable nature – even in times of emergency – of the absolute prohibition of torture and other forms of cruel, inhuman, degrading treatment or punishment; of the obligation of non-refoulement; and of the core elements of the right to fair trial, as further reinforcing the importance of strictly upholding these human rights in the counter-terrorism context. Effective oversight and monitoring mechanisms, including through ratification and implementation of the Optional Protocol to the Convention against Torture, were noted as critical to their prevention. Specific measures such as routine medical examinations upon entering and leaving detention, were noted as representing critical safeguards. The important contribution made by the United Nations Subcommittee on the Prevention of Torture to broadening knowledge of best preventive practice and sharing international experiences was highlighted. National legislation 34. The enactment and implementation of broadly formulated national counter-terrorism legislation, as well as the abusive use of counter-terrorism legislation by authorities to curb otherwise legitimate activity, was raised as a common concern. Participants noted that counter-terrorism laws and implementing measures must be specific to the countering of conduct which is truly terrorist in nature, such that these laws and measures meet the requirements of the principle of legality. The urgent need for a universally recognized, precise and narrow definition of what constitutes an act of terrorism, as a step towards protecting against abuse at national levels, was highlighted in this regard. Presumption of innocence 35. Discussions at each of the symposia highlighted the critical importance of the right to fair trial in the counter-terrorism context of respect for the right to be presumed innocent until proved guilty according to law – and to be treated as presumed innocent. 12 This basic principle requires the burden to remain with the prosecution to prove the guilt of the defendant beyond reasonable doubt. As specified by the Human Rights Committee, the presumption of innocence also binds the executive, which must not prejudge a case by expressing public views as to the guilt of the accused.13 In the counter-terrorism context, lengthy pretrial detention also may violate the presumption of innocence where it has the effect of punishing a detainee before his or her trial. 11 12 13 Global Counter-Terrorism Strategy, Plan of Action: Pillar IV, para. 5. International Covenant on Civil and Political Rights, art. 14 (2). See for example Communication No. 770/1997, Gridin v. Russia (Views adopted on 20 July 2000). 11