Protection of human rights and fundamental freedoms while countering terrorism A/RES/72/180 Recalling further Human Rights Council resolution 31/3 of 23 March 2016, 7 by which the Council decided to extend the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, 1. Reaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law; 2. Deeply deplores the suffering caused by terrorism to the victims and their families, expresses its profound solidarity with them, and stresses the importance of providing them with assistance and other appropriate measures to protect, respect and promote their human rights; 3. Expresses serious concern at the occurrence of violations of human rights and fundamental freedoms, as well as violations of international refugee law and international humanitarian law, committed in the context of counter ing terrorism; 4. Reaffirms the obligation of States, in accordance with article 4 of the International Covenant on Civil and Political Rights, 8 to respect certain rights as non-derogable under any circumstances, recalls, in regard to all other Covenant rights, that any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, underlines the exceptional and temporary nature of any such derogations, 9 and in this regard calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism; 5. Urges States, while countering terrorism: (a) To fully comply with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law, with regard to the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment; (b) To respect, protect and fulfil the human rights of all, includin g persons belonging to national or ethnic, religious and linguistic minorities, and to ensure that measures taken to counter terrorism are not discriminatory on any ground; (c) To take all steps necessary to ensure that persons deprived of liberty, regardless of the place of arrest or detention, benefit from the guarantees to which they are entitled under international human rights law and international humanitarian law, including the review of the detention and other fundamental judicial guarantees; (d) To ensure that no form of deprivation of liberty places a detained person outside the protection of the law and to respect the safeguards concerning the liberty, security and dignity of the person, in accordance with international law, including international human rights law and international humanitarian law; (e) To take all steps necessary to ensure the right of anyone arrested or detained on a criminal charge to be brought promptly before a judge or other officer authorized by law to exercise judicial power and the entitlement to trial within a reasonable time or release; __________________ 7 8 9 17-23171 Ibid., Seventy-first Session, Supplement No. 53 (A/71/53), chap. IV, sect. A. See resolution 2200 A (XXI), annex. See, for example, general comment No. 29 on states of emergency adopted by the Human Rights Committee on 24 July 2001 (Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 40 (A/56/40), vol. I, annex VI). 3/7