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