A/RES/68/178
Protection of human rights and fundamental freedoms while countering terrorism
Deeply deploring the occurrence of violations of human rights and
fundamental freedoms in the context of the fight against terrorism, as well as
violations of international refugee and humanitarian law,
Noting with concern measures that can undermine human rights and the rule of
law, such as the detention of persons suspected of acts of terrorism in the absence of
a legal basis for detention and due process guarantees, the deprivation of liberty that
amounts to placing a detained person outside the protection of the law, the trial of
suspects without fundamental judicial guarantees, the illegal deprivation of liberty
and transfer of individuals suspected of terrorist activities, and the return of suspects
to countries without individual assessment of the risk of there being substantial
grounds for believing that they would be in danger of subjection to torture, and
limitations to effective scrutiny of counter-terrorism measures,
Stressing that all measures used in the fight against terrorism, including the
profiling of individuals and the use of diplomatic assurances, memorandums of
understanding and other transfer agreements or arrangements, must be in
compliance with the obligations of States under international law, including
international human rights, refugee and humanitarian law,
Stressing also that a criminal justice system based on respect for human rights
and the rule of law, including due process and fair trial guarantees, is one of the best
means for effectively countering terrorism and ensuring accountability,
Recalling article 30 of the Universal Declaration of Human Rights, and
reaffirming that acts, methods and practices of terrorism in all its forms and
manifestations are activities aimed at the destruction of human rights, fundamental
freedoms and democracy, threatening the territorial integrity and security of States
and destabilizing legitimately constituted Governments, and that the international
community should take the necessary steps to enhance cooperation to prevent and
combat terrorism, 3
Recognizing that respect for all human rights, respect for democracy and
respect for the rule of law are interrelated and mutually reinforcing,
Emphasizing the importance of properly interpreting and implementing the
obligations of States with respect to torture and other cruel, inhuman or degrading
treatment or punishment and of abiding strictly by the definition of torture contained
in article 1 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment 4 in the fight against terrorism,
Recalling its resolution 67/99 of 14 December 2012, Human Rights Council
resolution 19/19 of 23 March 2012 5 and other relevant resolutions and decisions as
stated in the preamble to General Assembly resolution 65/221 of 21 December 2012,
and welcoming the efforts of all relevant stakeholders to implement those
resolutions,
Recalling also its resolution 60/288 of 8 September 2006, by which it adopted
the United Nations Global Counter-Terrorism Strategy, and its resolution 66/282 of
29 June 2012 on the review of the Strategy, reaffirming that the promotion and
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3
See sect. I, para. 17, of the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights on 25 June 1993 (A/CONF.157/24 (Part I), chap. III).
4
United Nations, Treaty Series, vol. 1465, No. 24841.
5
See Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 53 and
corrigendum (A/67/53 and Corr.1), chap. III, sect. A.
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