affirms that the Contracting States may not, in the name of the struggle against
espionage and terrorism, adopt whatever measures they deem appropriate.
--Klass and Others v. Germany, ECHR, 6 September 1978 (para. 49).
Inter-American System
[T]he Commission has often heard the argument that human rights violations are
inevitable because they are the consequence of the "war" created by armed
groups, who are generally portrayed as terrorists. Thus, human rights violations
are being justified as a necessary byproduct of an armed conflict that the
authorities and security forces do not admit to having provoked. In the
Commission's judgment, this is an invalid argument; consequently, it has
repeatedly asserted that unqualified respect for human rights must be a
fundamental part of any anti-subversive strategies when such strategies have to be
implemented.
--Annual Report of the IACHR 1990-91, Ch. V, Part II, at 512.
15
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