CDL-AD(2006)009 - 18 - 74. In its Resolution 1271, adopted on 24 January 2002, the Parliamentary Assembly of the Council of Europe resolved (para 9) that: “In their fight against terrorism, Council of Europe members should not provide for any derogations to the European Convention on Human Rights”. It also called on all member States (para 12) to “refrain from using Article 15 to limit the rights and liberties guaranteed under its Article 5.” 75. In its 2002 Guidelines on human rights and the fight against terrorism, the Committee of Ministers of the Council of Europe reiterated that member States “may never, and whatever the acts of the person suspected of terrorist activities, or convicted of such activities, derogate from the right to life as guaranteed by these international instruments, from the prohibition against torture or inhuman or degrading treatment or punishment, from the principle of legality of sentences and of measures, nor from the ban on the retrospective effect of criminal law.”45 76. In its General Comment no 29/2001 on Article 4 of the International Covenant on Civil and Political Rights, the UN Human Rights Committee observed (in para 3) that “On a number of occasions the Committee has expressed its concern over States parties that appear to have derogated from rights protected by the Covenant, or whose domestic law appears to allow such derogation, in situations not covered by article 4.” 77. In the era of “global terrorism” it has been put to debate whether fundamental human rights as they are discussed in this opinion or the extent of possible derogations from them should be reinterpreted. Recent decisions by several domestic courts in Europe and beyond, however, have confirmed that the existing rights and standards are, in principle, appropriate for the current situation of the fight against global terror.46 It is also the Commission’s opinion that no such reinterpretation is necessary or warranted. on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, Annex, UN Doc E/CN.4/1984/4 (1984). In paras 39-40, under the heading “Public Emergency which Threatens the Life of the Nation”, it is said: “39. A State party may take measures derogating from its obligations under the International Covenant on Civil and Political Rights pursuant to Article 4 (hereinafter called 'derogation measures') only when faced with a situation of exceptional and actual or imminent danger which threatens the life of the nation. A threat to the life of the nation is one that: (a) affects the whole of the population and either the whole or part of the territory of the State, and (b) threatens the physical integrity of the population, the political independence or the territorial integrity of the State or the existence or basic functioning of institutions indispensable to ensure and protect the rights recognised in the Covenant. 40. Internal conflict and unrest that do not constitute a grave and imminent threat to the life of the nation cannot justify derogations under Article 4”. 45 Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism, 11 July 2002, article XV. 46 House of Lords, Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)A and others (Appellants) (FC) and others v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals), [2005] UKHL 71; House of Lords, Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent), [2004] UKHL 56; Bundesverfassungsgericht, Aviation Security Act, 1 BvR 357/05; Israeli Supreme Court, Public Committee Against Torture in Israel v. The State of Israel et al., Case HCJ 5100/94; Israeli Supreme Court, The Center for the Defense of the Individual v. The Commander of IDF Forces in the West Bank, Case HCJ 3278/02; Israeli Supreme Court, Marab v. The Commander of IDF Forces in the West Bank, Case HCJ 3239/02; see also US Supreme Court, Rasul v. Bush, Case No. 03-334, 542 US 466 (2004) 321 F.3d 1134.