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 DIGEST OF JURISPRUDENCE OFTHE UN AND REGIONAL ORGANIZATIONSON THE PROTECTION OF HUMAN RIGHTSWHILE COUNTERING TERRORISM
 
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ContentsINTRODUCTIONI. GENERAL CONSIDERATIONS
A. State duty to protectB. Compatibility of counter-terrorism measures with human rights obligationsC. Relation of human rights and international humanitarian law in their application tocounter-terrorism measures
II. STATES OF EMERGENCY
A. Rules concerning derogation measuresB. Procedural aspects
III. SPECIFIC RIGHTS
A. Right to lifeB. Prohibition of torture and cruel, inhuman or degrading treatmentC. Conditions of detentionD. Pre-trial and administrative detentionD.1 Judicial control and prohibition of arbitrary detentionD.2 Charges and right to be informed of the reasons for arrestD.3 Prolonged pre-trial or administrative detentionD.4 Incommunicado detentionE. Right to fair trialE.1 Presumption of innocence and other rightsE.2 Military and other special courtsE.3 Right to appealF. Principle of legality (
nullum crimen, nulla poena sine lege
)G. Access to counselH. Freedom of thought, conscience and belief I. Right to political participation, freedom of opinion, expression and assemblyJ. Freedom of movementK. Freedom from discriminationL. Treatment of non-nationals (including asylum, expulsion and
non-refoulement)
Annex I
:
 
Relevant provisions of international instruments
Annex II:
General Comment No. 29 of the UN Human Rights Committee
 
 
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 Introduction
This digest is a compilation of findings of judicial and quasi-judicial bodies of theUnited Nations and regional organizations on the issue of the protection of humanrights in the struggle against terrorism. It has been prepared by the United NationsOffice of the High Commissioner for Human Rights (OHCHR). Its aim is to assistpolicy makers and other concerned parties in developing a vision of counter-terrorismstrategies that are fully respectful of human rights.No one doubts that States have legitimate and urgent reasons to take all due measuresto eliminate terrorism. Acts and strategies of terrorism aim at the destruction of human rights, democracy, and the rule of law. They destabilise governments andundermine civil society. Governments therefore have not only the right, but also theduty, to protect their nationals and others against terrorist attacks and to bring theperpetrators of such acts to justice. The manner in which counter-terrorism efforts areconducted, however, can have a far-reaching effect on overall respect for humanrights.Human rights law establishes a framework in which terrorism can be effectivelycountered without infringing on fundamental freedoms. The need to protect humanrights in the struggle against terrorism has been highlighted by the UN Secretary-General, the High Commissioner for Human Rights and other leaders in theinternational community. The objective of this digest is to enhance the understandingof this framework.
Definition of terrorism
Twelve international conventions related to terrorism have been adopted within theUN context. One gap in these conventions is the lack of a clear and commonly-agreed definition of terrorism. A draft comprehensive convention on terrorism iscurrently being debated at the General Assembly which is grappling with this issue.Although terrorism has yet to be authoritatively defined, States have already agreedon some of its core elements. On 9 December 1994, the General Assembly adoptedthe Declaration on Measures to Eliminate International Terrorism, in the annex toresolution 49/60. The Declaration stated that terrorism includes “criminal actsintended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes”, and further held that such acts“are in any circumstances unjustifiable, whatever the consideration of a political,philosophical, ideological, racial, ethnic, religious, or other nature that may beinvoked to justify them”.
States’ obligations under human rights law
Human rights law has sought to strike a fair balance between legitimate nationalsecurity concerns and the protection of fundamental freedoms. It acknowledges thatStates must address serious and genuine security concerns, such as terrorism. Thebalance is reflected in the International Covenant on Civil and Political Rights(ICCPR), which has been ratified or acceded to by 151 States, as well as in regionalhuman rights treaties such as the European Convention for the Protection of HumanRights and Fundamental Freedoms (ECHR), the American Convention on Human
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