Protection of human rights and fundamental freedoms while countering terrorism
A/RES/68/178
States may have to prosecute individuals not returned, and in that case to adhere to
the principle of extradite or prosecute;
(l) Insofar as such an act runs contrary to their obligations under
international law, not to expose individuals to cruel, inhuman or degrading treatment
or punishment by way of return to another country;
(m) To ensure that their laws criminalizing acts of terrorism are accessible,
formulated with precision, non-discriminatory, non-retroactive and in accordance
with international law, including human rights law;
(n) Not to resort to profiling based on stereotypes founded on grounds of
discrimination prohibited by international law, including on racial, ethnic and/or
religious grounds;
(o) To ensure that the interrogation methods used against terrorism suspects
are consistent with their international obligations and are reviewed on a regular
basis to prevent the risk of violations of their obligations under international law,
including international human rights and refugee and humanitarian law;
(p) To ensure that any person who alleges that his or her human rights or
fundamental freedoms have been violated has access to a fair procedure for seeking
full, effective and enforceable remedy within a reasonable time and that where such
violations have been established, victims receive adequate, effective and prompt
reparation, which should include, as appropriate, restitution, compensation,
rehabilitation and guarantees of non-recurrence, including where the violation
constitutes a crime under international or national law, to ensure accountability for
those responsible for such violations;
(q) 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, the Geneva Conventions of
1949 10 and the Additional Protocols thereto of 1977, 11 and the 1951 Convention
relating to the Status of Refugees 12 and the 1967 Protocol thereto 13 in their respective
fields of applicability;
(r) To shape, review and implement all counter-terrorism measures in
accordance with the principles of gender equality and non-discrimination;
(s) To ensure that any measures taken or means employed to counter
terrorism, including the use of remotely piloted aircraft, comply with their
obligations under international law, including the Charter of the United Nations,
human rights law and international humanitarian law, in particular the principles of
distinction and proportionality;
Also urges States, while countering terrorism, to take into account
7.
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 to the relevant comments and
views of United Nations human rights treaty bodies;
_______________
10
United Nations, Treaty Series, vol. 75, Nos. 970-973.
Ibid., vol. 1125, Nos. 17512 and 17513.
12
Ibid., vol. 189, No. 2545.
13
Ibid., vol. 606, No. 8791.
11
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