A/RES/62/159 7. Calls upon States to refrain from returning persons, including in cases related to terrorism, to their countries of origin or to a third State whenever such transfer would be contrary to their obligations under international law, in particular human rights law, international humanitarian law and international refugee law, including in cases where there are substantial grounds for believing that they would be in danger of subjection to torture, or where their life or freedom would be threatened in violation of international refugee law on account of their race, religion, nationality, membership of a particular social group or political opinion, bearing in mind obligations that States may have to prosecute individuals not returned; Also calls upon States to ensure that guidelines and practices in all border 8. control operations and other pre-entry mechanisms are clear and fully respect their obligations under international law, particularly refugee law and human rights law, towards persons seeking international protection; Urges States, while countering terrorism, to ensure due process 9. guarantees, consistent with all relevant provisions of the Universal Declaration of Human Rights, 10 the International Covenant on Civil and Political Rights and the Geneva Conventions of 1949, 11 in their respective fields of applicability; 9F 10F 10. Opposes any form of deprivation of liberty that amounts to placing a detained person outside the protection of the law, and urges States to respect the safeguards concerning the liberty, security and dignity of the person and to treat all prisoners in all places of detention in accordance with international law, including human rights law and international humanitarian law; 11. Reaffirms that it is imperative that all States work to uphold and protect the dignity of individuals and their fundamental freedoms, as well as democratic practices and the rule of law, while countering terrorism; 12. Encourages States, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encourages them to give due consideration to the recommendations of the special procedures and mechanisms of the Human Rights Council and the relevant comments and views of United Nations human rights treaty bodies; 13. Takes note with appreciation of the report of the Secretary-General 12 and the report of the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism 13 submitted pursuant to resolution 61/171, and takes note of the recommendations and conclusions contained therein; 1F 12F 14. Welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its Counter-Terrorism Committee and the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and its Counter-Terrorism Committee to strengthen the links and to continue to develop cooperation with relevant human rights bodies, in particular with the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur on the promotion and _______________ 10 Resolution 217 A (III). United Nations, Treaty Series, vol. 75, Nos. 970–973. 12 A/62/298. 13 See A/62/263. 11 4

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