*****
The Committee expresses its concern that … the State party indicated that no
study had been undertaken to ensure that legislative and other measures in
pursuance of Security Council resolution 1373 (2001) were in compliance with
its obligations under the Covenant. The State party is under an obligation to
ensure that counter-terrorism measures taken under Security Council resolution
1373 (2001) are in full conformity with the Covenant.
--CCPR/CO/75/MDA, para. 8 (2002).
*****
While it understands the security requirements connected with the events of 11
September 2001, the Committee expresses its concern … at the attitude of the
security forces, including Political Security, which arrests and detains anyone
suspected of links with terrorism, in violation of the guarantees set out in the
Covenant (art. 9). The State party should ensure that the measures taken in the
name of the campaign against terrorism are within the limits of Security Council
resolution 1373 (2001) and fully consistent with the provisions of the Covenant.
It is requested to ensure that the fear of terrorism does not become a source of
abuse.
--CCPR/CO/75/YEM, para. 18 (2002).
*****
The Committee notes with concern that the State party, in seeking inter alia to
give effect to its obligations to combat terrorist activities pursuant to Security
Council resolution 1373 (2001), is considering the adoption of legislative
measures which may have potentially far-reaching effects on rights guaranteed
in the Covenant and which, in the State party's view, may require derogations
from human rights obligations. The State party should ensure that any measures
it undertakes in this regard are in full compliance with the provisions of the
Covenant, including, when applicable, the provisions on derogation contained in
article 4 of the Covenant.
--CCPR/CO/73/UK, para. 6 (2001).
European Court of Human Rights
[T]he Court stresses that this does not mean that the Contracting States enjoy an
unlimited discretion to subject persons within their jurisdiction to secret
surveillance. The Court, being aware of the danger such a law poses of
undermining or even destroying democracy on the ground of defending it,
14
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