Terrorism, Protecting Human Rights. 19 However, in the context of considering the
effectiveness of torture-prevention strategies in the OSCE area certain significant
developments are mentioned below.
In the wake of a number of terrorist attacks in recent years, some counter-terrorism
measures have been embraced that have not been in compliance with international
human rights or refugee and humanitarian law. A number of these have, directly or
indirectly, challenged the absolute prohibition in international law against torture and
ill-treatment. The following practices have been reported in the media and shown to
be conducive to the use of torture and ill-treatment in the context of counter-terrorism
measures:
The use of secret or incommunicado detention, which can facilitate the use of
torture, including the indefinite detention of terrorist suspects in several OSCE
participating States and deprivation of their rights to due process and an
effective remedy
The transportation of terrorism suspects to countries that practice torture –
sometimes transiting OSCE participating States – in violation of the principle
of non-refoulement
The official sanctioning of interrogation techniques or treatment amounting to
torture or cruel, inhuman or degrading treatment or punishment
The deportation or extradition of terrorist suspects to countries known to
practice torture in conjunction with “diplomatic assurances” from the
receiving government that the person will not be tortured or ill-treated on
return
The existence of special security forces operating outside of the normal legal
framework
The use of national security as a consideration to justify secrecy regarding
exceptional measures taken with respect to detention, extraordinary rendition
and harsh interrogation techniques
The official position that the effective protection of the public from terrorism
necessitates a dilution of international human rights law and domestic
protections regarding torture
The acceptance of the above-mentioned rationale by the general public, often
on the basis of fear, leading to support for use of torture 20
The incorporation of such methods, which breach international human rights law, in
counter-terrorism strategies not only risks diminishing the credibility of the
international legal framework but can also exacerbate the problem. Any attempted
Countering Terrorism, Protecting Human Rights: A Manual (Warsaw: Office for Democratic
Institutions and Human Rights, 2007), OSCE website,
<http://www.osce.org/odihr/item_11_28294.html>.
20
In a poll of 27,000 people in 25 countries conducted for the BBC in 2006, nearly a third of those
questioned thought the use of torture was acceptable under certain circumstances. Although a clear
majority of respondents worldwide was found to be against the use of torture in all cases, the BBC
report analysing the results concluded that “… countries that face political violence are more likely to
accept the ideas that some degree of torture is permissible because of the extreme threat posed by
terrorists.” “One-third support ‘some torture’”, BBC News Website, 19 October 2006,
<http://news.bbc.co.uk/2/hi/in_depth/6063386.stm#table>.
19
30
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