Chapter 1 Human Rights and Counter-terrorism: The Essential Relationship T he link between the guarantee of human rights and protection from terrorism cannot be over-emphasized. Combating and ultimately overcoming terrorism will not succeed if the means to secure that society are not consistent with human rights standards. The OSCE is built on the principle that the guarantee of security requires a multi-dimensional approach. Such an approach does not call for the balancing of liberty and security or suggest that liberty, or aspects of it, must be sacrificed to achieve security. On the contrary, the OSCE regards protection of human rights as an integral element of security. Counter-terrorism tactics that do not comply with human rights law may ultimately be declared unlawful, resulting in failed prosecutions or overturned convictions. Counter-terrorism tools that do not comply with human rights are therefore liable to be ineffective. In the Charter on Preventing and Combating Terrorism, OSCE participating States confirmed that they: […] 5. Consider of utmost importance to complement the ongoing implementation of OSCE commitments on terrorism with a reaffirmation of the fundamental and timeless principles on which OSCE action has been undertaken and will continue to be based in the future, and to which participating States fully subscribe; 6. Reaffirm their commitment to take the measures needed to protect human rights and fundamental freedoms, especially the right to life, of everyone within their jurisdiction against terrorist acts; 7. Undertake to implement effective and resolute measures against terrorism and to conduct all counter-terrorism measures and co-operation in accordance with the rule of law, the United Nations Charter and the relevant provisions of international law, international standards of human rights and, where applicable, international humanitarian law;[…]7 From the case law of international courts and tribunals, as well as domestic courts, and the work of UN mechanisms, we know that some counter-terrorism measures have resulted in: • • • • • 7 20 prolonged detention without charge; denial of the right to challenge the lawfulness of detention; denial of access to legal representation; monitoring of conversations with lawyers; incommunicado detention; and The Charter was adopted at the Tenth Meeting of the Ministerial Council (2002 Porto Charter). Available at www.osce.org/documents. Countering Terrorism, Protecting Human Rights