• ill-treatment, even torture, of detainees as well as inhuman and degrading conditions of detention. Measures have also been adopted that have unlawfully denied freedom of expression, freedom of assembly and freedom of association, thus resulting in the criminalization of protest and the stifling of public debate. Asylum and refugee law and practice have been particularly affected, with individuals being illegally deported and refugee claims being improperly considered. Racial profiling has been used in discriminatory ways. Overall, the result of such measures has not led to a diminution of the terrorist threat, but it has undermined the values of democracy, the rule of law and a civil society. Counter-terrorism, security, human rights and law enforcement are not mutually exclusive. In the context of the threat of terrorism, they should be designed to work together. In most circumstances, they cannot work effectively independently of each other. Counter-terrorism measures need human rights standards to ensure that their implementation does not undermine their very purpose, which is to protect and maintain a democratic society. At the same time, human rights standards may need counter-terrorism measures to ensure that human rights can thrive. What is certain is that human rights are not an optional extra or luxury to any counter-terrorism strategy; human rights must be at the core of that strategy. In November 2001, a joint statement by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the UN High Commissioner for Human Rights, and the Council of Europe reminded governments that: While we recognise that the threat of terrorism requires specific measures, we call on all governments to refrain from any excessive steps which would violate fundamental freedoms and undermine legitimate dissent. In pursuing the objective of eradicating terrorism, it is essential that States strictly adhere to their international obligations to uphold human rights and fundamental freedoms.8 Acts of terrorism can be countered in ways that uphold human rights standards. In 2005, UN Secretary General, Kofi Annan emphasized that: Human rights law makes ample provision for counter-terrorist action, even in the most exceptional circumstances. But compromising human rights cannot serve the struggle against terrorism. On the contrary, it facilitates achievement of the terrorist’s objective — by ceding to him the moral high ground, and provoking tension, hatred and mistrust of government among precisely those parts of the population where he is most likely to find recruits. Upholding human rights is not merely compatible with successful counter-terrorism strategy. It is an essential element.9 8 9 Joint statement by Mary Robinson, UN High Commissioner for Human Rights, Walter Schwimmer, Secretary General of the Council of Europe, and Ambassador Gérard Stoudmann, Director of the OSCE Office for Democratic Institutions and Human Rights, 29 November 2001, at http://www.unhchr.ch/huricane/huricane.nsf/view01/ 4E59333FFC5341A7C1256B13004C58F5. UN (former) Secretary General Kofi Annan, “A Global Strategy for Fighting Terrorism”, Keynote address to the Closing Plenary of the International Summit on Democracy, Terrorism and Security, 8-11 March 2005, Madrid, available at http://summit.clubmadrid.org/keynotes. Countering Terrorism, Protecting Human Rights 21