A/RES/63/185
8.
Urges States, while countering terrorism, to fully comply with their
obligations with regard to the absolute prohibition of torture and other cruel,
inhuman or degrading treatment or punishment;
Also urges States to fully respect non-refoulement obligations under
9.
international refugee and human rights law and, at the same time, to review, with
full respect for these obligations and other legal safeguards, the validity of a
refugee status decision in an individual case if credible and relevant evidence
comes to light that indicates that the person in question has committed any
criminal acts, including terrorist acts, falling under the exclusion clauses under
international refugee law;
10. 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
international 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;
11. Also calls upon States to ensure that guidelines and practices in all border
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;
12. Urges States, while countering terrorism, to ensure due process
guarantees, consistent with all relevant provisions of the Universal Declaration of
Human Rights,1 and their obligations under the International Covenant on Civil and
Political Rights,11 the Geneva Conventions of 1949 13 and the Additional Protocols
thereto, of 1977, 14 and the 1951 Convention relating to the Status of Refugees 15 and
the 1967 Protocol thereto 16 in their respective fields of applicability;
0H
1H
12F
13F
14F
15F
13. Urges all States 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 law, including the review
of the detention and, if they are subjected to trial, fundamental judicial guarantees;
14. 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
international human rights law and international humanitarian law;
15. Acknowledges the adoption of the International Convention for the
Protection of All Persons from Enforced Disappearance in its resolution 61/177 of
20 December 2006, and recognizes that the entry into force of the Convention will
be an important step in support of the rule of law in countering terrorism;
_______________
13
United Nations, Treaty Series, vol. 75, Nos. 970-973.
Ibid., vol. 1125, Nos. 17512 and 17513.
15
Ibid., vol. 189, No. 2545.
16
Ibid., vol. 606, No. 8791.
14
4