101. The UN Human Rights Council, referring specifically to measures intended to
counter terrorism and preserve national security, has called on states to ensure
that such measures “do not hinder the work and safety of individuals, groups and
organs of society engaged in promoting and defending human rights,” while stressing the importance of providing clear and unambiguous definitions of terrorism-related offenses in the law, as well as the imperative requirement that terrorism suspects enjoy due process guarantees throughout legal proceedings.145 As such, participating States should ensure that legislation designed to criminalize terrorist-related offenses, including terrorism financing, is strictly construed to minimize the
risk of politically-motivated or otherwise abusive application.
102. Effectively combating the criminalization and judicial harassment of human rights
defenders also requires a concerted effort by state institutions to improve the
integrity of law enforcement and the independence of the judicial and prosecutorial systems. This will ensure legislative clarity and predictability in conformity
with the legality principle and will empower marginalized or otherwise vulnerable
groups, while roundly condemning intimidation and bias-motivated violence by
non-state actors. In this vein, the UN Human Rights Council has called on states
to ensure that “[t]he judiciary is independent, impartial and competent to review
effectively legislation and its application affecting the work and activities of human
rights defenders”.146
103. Efforts need to be made to reinforce the capacities of prosecutorial and law
enforcement bodies to uphold the highest ethical standards in their work. In particular, participating States should prioritize the development of viable internal
and external oversight mechanisms, including civilian oversight boards for police,
to promptly reveal and independently investigate misconduct and to impose appropriate disciplinary sanctions or initiate criminal proceedings where such misconduct has been established. Law enforcement, judicial and other relevant officials
should also receive training to sensitize them about the important role played by
145 Human Rights Council, Resolution on protection of human rights defenders, A/HRC/RES/22/6, para. 10,
which: “Further calls upon States to ensure that measures to combat terrorism and preserve national security:
(a) Are in compliance with their obligations under international law, in particular under international human
rights law, and do not hinder the work and safety of individuals, groups and organs of society engaged in promoting and defending human rights;
(b) Clearly identify which offences qualify as terrorist acts by defining transparent and foreseeable criteria, including, inter alia, considering without prejudice those formulated by the Special Rapporteur on the promotion
and protection of human rights while countering terrorism;
(c) Prohibit and do not provide for, or have the effect of, subjecting persons to arbitrary detention, such as detention without due process guarantees, the deprivation of liberty that amounts to placing a detained person
outside the protection of the law, or the illegal deprivation of liberty and transfer of individuals suspected of
terrorist activities, nor the unlawful deprivation of the right to life or the trial of suspects without fundamental
judicial guarantees;
(d) Allow appropriate access for relevant international bodies, non-governmental organizations and national
human rights institutions, where such exist, to persons detained under anti-terrorism and other legislation
relating to national security, and to ensure that human rights defenders are not harassed or prosecuted for providing legal assistance to persons detained and charged under legislation relating to national security”.
146 See A/HRC/RES/22/6, para. 11(b).
Guidelines on the Protection of Human Rights Defenders
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