issue of human rights and terrorism. The first such resolution was adopted on 14
February 1994. It unequivocally condemned all acts, methods and practices of
terrorism in all its forms and manifestations, wherever and by whomever committed,
as activities aimed at the destruction of human rights, fundamental freedoms and
democracy, threatening the territorial integrity and security of States, destabilizing
legitimately constituted Governments, undermining pluralistic civil society and
having adverse consequences on the economic and social development of States. It
called upon States, in accordance with international standards of human rights, to take
all necessary and effective measures to prevent, combat and eliminate terrorism.
Resolutions with similar approaches have been adopted in the General Assembly and
the Commission on Human Rights since then.
A resolution specifically focusing on the need to protect human rights and
fundamental freedoms while countering terrorism was adopted for the first time by the
General Assembly on 18 December 2002 (A/RES/57/219). It affirmed that States
must ensure that any measure taken to combat terrorism complies with their
obligations under international law, in particular international human rights, refugee
and humanitarian law. The resolution requests the High Commissioner for Human
Rights to take a number of actions, including examining the question of the protection
of human rights and fundamental freedoms while countering terrorism, taking into
account reliable information from all sources; making general recommendations
concerning the obligation of States to promote and protect human rights while
countering terrorism; and providing assistance to States, upon their request, on the
protection of human rights and fundamental freedoms while countering terrorism. A
resolution with similar approach was adopted on 25 April 2003 by the Commission on
Human Rights at its 59th session (E/CN.4/RES/2003/68).
Recent action by UN Human Rights Mechanisms
Human rights bodies, whether at the international or regional level, have for many
years recognized the legitimate security concerns of States and their duty to protect
their citizens from terrorist acts. The focus has been on how this could be done while
respecting States’ human rights obligations. An analysis of the issue of human rights
and terrorism is contained in the reports of Professor Kalliopi Koufa, the Special
Rapporteur on Terrorism and Human Rights of the UN Sub-Commission on the
Promotion and Protection of Human Rights.
On 22 November 2001, the UN Committee against Torture issued a statement
(CAT/C/XXVII/Misc.7) reminding States parties to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment of the nonderogable nature of most of the obligations undertaken by them in ratifying the
Convention. Condemning utterly the terrorist attacks of 11 September and expressing
“profound condolences to the victims, who were nationals of some 80 countries,
including many States parties to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment”, the Committee highlighted the
obligations contained in article 2 (prohibition of torture under all circumstances),
article 15 (prohibiting confessions extorted by torture being admitted in evidence,
except against the torturer), and article 16 (prohibiting cruel, inhuman or degrading
treatment or punishment). The Committee stated that such provisions must be
observed in all circumstances, and expressed its confidence that “whatever responses
to the threat of international terrorism are adopted by States parties, such responses
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