of the Convention and of Protocols Nos. 1 and 4, Article 3
makes no provision for exceptions and no derogation from
it is permissible under Article 15 even in the eve nt of a
public emergency threatening the life of the nation.”
That the Torture Convention, including article 15, enjoys the same
absolute quality is plain from the text of article 2, quoted in para 32
above.
41.
It is true, as the Secretary of State submits, that States Members
of the United Nations and the Council of Europe have been strongly
urged since 11 September 2001 to cooperate and share information in
order to counter the cruel and destructive evil of terrorism. But these
calls have been coupled wi th reminders that human rights, and
international and humanitarian law, must not be infringed or
compromised. Thus, while the Council of Europe’s Parliamentary
Assembly recommendation 1534 of 26 September 2001 refers to cooperation “on the basis of the Council of Europe’s values and legal
instruments”, it also refers to Parliamentary Assembly Resolution 1258,
para 7 of which states:
“These attacks have shown clearly the real face of
terrorism and the need for a new kind of response. This
terrorism does not recognise borders. It is an international
problem to which international solutions must be found
based on a global political approach.
The world
community must show that it will not capitulate to
terrorism, but that it will stand more strongly than before
for democratic values, the rule of law and the defence of
human rights and fundamental freedoms.”
The Council of Europe Convention on the Prevention of Terrorism of
16 May 2005, recalling in its preamble
“the need to strengthen the fight against terrorism and
reaffirming that all measures taken to prevent or suppress
terrorist offences have to respect the rule of law and
democratic values, human rights and fundamental
freedoms as well as other provisions of international law,
including, where applicable, international humanitarian
law”,
-34-
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