points out, affirming the general principles in relation to the right to
association identified above, that:
The State may not make a determination that an organisation is a terrorist
organisation on the basis of presumptions before that association has
started to engage in its activities;
The decision to proscribe must be made by an independent judicial body
and there must always be a possibility to appeal a proscription decision to
a judicial body;
Decisions to criminalise an individual belonging to a terrorist organisation
should only apply after that organisation has been declared as such by a
judicial body. This will not absolve an individual from their own criminal
responsibility for the preparation of terrorist acts.953
953
Second Report of the UN Special Rapporteur on the Promotion and Protection of Human Rights
while Countering Terrorism, A/61/267, 16 August 2006.
150
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