243. Participating States have reiterated “the right to the protection of private and fam- ily life, domicile, correspondence and electronic communications.” Furthermore, they have stated that, “[i]n order to avoid any improper or arbitrary intrusion by the State in the realm of the individual, which would be harmful to any democratic society, the exercise of this right will be subject only to such restrictions as are prescribed by law and are consistent with internationally recognized human rights standards.”349 244. Effective protection against unlawful and arbitrary interference with one’s privacy is of particular importance for human rights defenders not only because they are often at risk of such interference due to their work, but also because respect for the right to privacy is instrumental for the exercise of the right to defend human rights in a number of ways. For example, the UNGA has recognized that the exercise of the right to privacy is important for the realization of the right to freedom of expression and to hold opinions without interference, and is, therefore, one of the foundations of a democratic society.350 The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has stated that undue interference with an individuals’ privacy can directly and indirectly limit the free development and exchange of ideas.351 245. Human rights defenders across the OSCE region remain at risk of being targeted by unlawful and arbitrary interference with their privacy. They often report instances of abusive control and surveillance of their work and private life by the security sector, including phone and online communications, which in some cases is used to discredit them both personally and in terms of their work.352 Such interference can also include unlawful or arbitrary raids and searches of homes and offices or of personal possessions when travelling, arbitrary or intrusive body searches, filming and recording individuals in their private sphere, as well as other forms of surveillance which are unlawful, disproportionate or otherwise arbitrary. 246. A s regards searches of a person’s home, the Human Rights Committee has stated that these “should be restricted to a search for necessary evidence and should not be allowed to amount to harassment”.353 In addition, it found that in the absence of any explanation from the state party, the search of a home without an arrest 349  Moscow 1991, para. 24. 350  UNGA Resolution 68/167, “The right to privacy in the digital age”, UN Doc. A/RES/68/167, adopted on 18 December 2013, preamble. 351  See Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/HRC/23/40, 17 April 2013, para. 24. 352  See “Human rights and the security sector. Round-table with human rights defenders, organised by the Office of the Council of Europe Commissioner for Human Rights”, Kyiv 30-31 May 2013, CommDH(2013)17, 17 September 2013, paras. 14 and 49. 353  112 See General Comment No. 16, para. 8. Guidelines on the Protection of Human Rights Defenders

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