A/RES/68/178
Protection of human rights and fundamental freedoms while countering terrorism
(b) 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
other fundamental judicial guarantees;
(c) 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 and humanitarian law;
(d) 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;
(e) To treat all prisoners in all places of detention in accordance with
international law, including international human rights and humanitarian law;
(f) To respect the right of persons to equality before the law, courts and
tribunals and to a fair trial as provided for in international law, including
international human rights law, such as the International Covenant on Civil and
Political Rights, and international humanitarian and refugee law;
(g) To safeguard the right to privacy in accordance with international law, in
particular international human rights law, and to take measures to ensure that
interferences with or restrictions on that right are not arbitrary, are adequately
regulated by law 9 and are subject to effective oversight and appropriate redress,
including through judicial review or other means;
(h) To protect all human rights, including economic, social and cultural
rights, bearing in mind that certain counter-terrorism measures may have an impact
on the enjoyment of these rights;
(i) 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 international refugee and human rights law, towards
persons seeking international protection;
(j) To fully respect non-refoulement obligations under 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;
(k) 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, humanitarian and 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
_______________
9
4/8
See A/HRC/13/37 and Add.1 and 2.