A/HRC/22/26
54.
More than 140 Member States have adopted or amended specific counterterrorism-related legislation over the past decade. It is time now to take stock and
assess such legislation against international human rights law. Regular review of the
human rights-compliance of counter-terror laws and practices is critical in order to
ensure that, in practice and in fact, counter-terrorism measures are specific,
necessary, effective and proportionate. As far as possible, counter-terrorism law and
practice should be consistent with the principle of normalcy. If any special measures
are adopted, they should also be subject to periodic review to ensure compliance with
human rights and avoid their entrenchment.
55.
The High Commissioner urges Member States to continue to invest in a rule of
law-based, criminal justice response to terrorism. Public confidence in legal
institutions is critical for counter-terrorism efforts to be credible and effective over
the long term. This requires clear laws with a minimum of exceptional or emergency
provisions, respect for the independence of the judiciary and the bar, and a
willingness of the executive to be the subject of oversight, complaint mechanisms and
checks and balances.
17
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