in the definition of terrorism, terrorist acts and terrorist groups. Too wide or vague a definition may lead to the criminalization of groups whose aim is to peacefully protect, inter alia, labour, minority or human rights. Any decision to proscribe a group or association needs to be taken case by case. General procedural guarantees include ensuring that the assessment is based on factual evidence of the group’s activities, which implies that the State may not make the determination before registration has taken place and before the group has started to exercise its activities.97 The assessment must be made by an independent judicial body, with full notice to the affected group as well as the possibility of appealing the decision. With regard to human rights defenders, the Special Representative of the Secretary-General on human rights defenders has made clear that “any organization has the right to defend human rights; that it is the vocation of human rights defenders to examine Government action critically; and that criticism of Government action, and the freedom to express these criticisms, is an essential component of a democracy and must be legitimized in law and practice. States may not adopt laws or practices that would make activities for the defence of human rights unlawful.” The Special Representative has highlighted in this respect a number of problems faced by NGOs in the registration process. In her recommendations, she emphasizes that States should not exert a priori scrutiny into the objectives of NGOs. The legality of an organization’s purposes and its conformity with the law should be reviewed only when a complaint has been lodged against it, and only an independent judicial body should be given the authority to review its purpose and determine whether it is in breach of existing law.98 All measures which result in a limitation on the right to freedom of association must be subject to judicial oversight. “Civilian courts must have jurisdiction to review the provisions and supervise the application of all counter-terrorist measures without any pressure or interference, particularly from the other branches of government.”99 This principle is fundamental in the context of counter-terrorism, where classified or confidential information may be used as the basis for a decision to proscribe an organization or to place an organization on a terrorist list. The Special Rapporteur on human rights and counter-terrorism has, likewise, stressed the importance of ensuring that all decisions which limit human rights are overseen by the judiciary, so that they remain lawful, appropriate, proportionate and effective, and so that the Government may ultimately be held accountable for limiting the human rights of individuals.100 44