emphasized that states should be proactive in guarding against discrimination in the post-11 September context. The following extracts highlight some of their concerns: • “The Committee [HRC] expresses its concern regarding the effect of those measures on the situation of human rights in particular for certain persons of foreign extraction, because of an atmosphere of latent suspicion towards them ([ICCPR] Arts. 17, 19, 22 and 26).”192 • “While it understands the security requirements relating to the events of 11 September 2001, the Committee [HRC] expresses its concern regarding the effect of this campaign on the situation of human rights, in particular for persons of foreign extraction.”193 • “The Committee [CERD] is deeply concerned about provisions of the Anti-Terrorism Crime and Security Act, which provide for the indefinite detention without charge or trial, pending deportation, of non-nationals who are suspected of terrorism-related activities. While acknowledging the State party's national security concerns, the Committee recommends that the State party seek to balance those concerns with the protection of human rights and its international legal obligations […] The Committee is [also] concerned about reported cases of ‘Islamophobia’ following the 11 September attacks.”194 The Council of Europe Guidelines on Human Rights and the Fight against Terrorism make the point that discriminatory treatment is linked to arbitrary conduct. The second guideline explains, under the prohibition on arbitrariness, that “all measures taken by States to fight terrorism must respect human rights and the principle of the rule of law, while excluding any form of arbitrariness, as well as any discriminatory or racist treatment, and must be subject to appropriate supervision.”195 The Council of Europe’s Commission against Racism and Intolerance (ECRI) has also emphasized that “terrorism should be combated, but it should not become a pretext under which discrimination and intolerance are allowed to flourish”. In 2004, ECRI promulgated a recommendation on combating racism while fighting terrorism. That recommendation provides comprehensive guidance on the steps to be taken to ensure that counter-terrorism measures are not discriminatory.196 Specifically, the recommendation emphasizes that particular attention must be paid to guaranteeing in a non-discriminatory way the freedoms of association, expression, religion and movement, and to ensuring that no discrimination ensues from legislation and regulations — or their implementation — notably governing the following areas: • • • • • • • checks carried out by law-enforcement officials and border control personnel; administrative and pre-trial detention; conditions of detention; fair trial, criminal procedure; protection of personal data; protection of private and family life; expulsion, extradition, deportation and the principle of non-refoulement; 192 HRC, Concluding observations: Germany, doc. CCPR/CO/80/DEU, 4 May 2004, para. 20. 193 HRC, Concluding observations: Sweden, doc. CCPR/CO/74/SWE, 24 April 2002, para. 12. 194 CERD, Concluding observations: UK, doc. CERD/C/63/CO/11, 10 December 2003, paras. 17 and 21. See also CERD, Concluding observations: Sweden, doc. CERD/C/64/CO/8, 10 May 2004, para. 15. 195 Op. cit., note 11, CoE, Guidelines on Human Rights and the Fight against Terrorism, Guideline II (Prohibition of arbitrariness). 196 Op. cit., note 67, ECRI, General Policy Recommendation No. 8. Countering Terrorism, Protecting Human Rights 81