E/CN.4/2002/137 page 9 Annex MESSAGE BY 17 INDEPENDENT EXPERTS OF THE COMMISSION ON HUMAN RIGHTS ON THE OCCASION OF HUMAN RIGHTS DAY, 10 DECEMBER 2001 Human Rights Day: Independent experts remind States of their obligation to uphold fundamental freedoms “On the occasion of the United Nations Human Rights Day, the undersigned independent experts of the Commission on Human Rights strongly remind States of their obligation under international law to uphold human rights and fundamental freedoms in the context of the aftermath of the tragic events of 11 September 2001. “We express our deep concern over the adoption or contemplation of anti-terrorist and national security legislation and other measures that may infringe upon the enjoyment by all of human rights and fundamental freedoms. We deplore human rights violations and measures that have particularly targeted groups such as human rights defenders, migrants, asylum-seekers and refugees, religious and ethnic minorities, political activists and the media. Concerned authorities have already been requested to take appropriate actions to guarantee the respect for human rights and fundamental freedoms in a number of individual cases drawn to the attention of relevant independent experts. We shall continue to monitor the situation closely. “We remind States of the fundamental principle of non-discrimination which guarantees that everyone is entitled to all rights and freedoms ‘without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’ (article 2 of the Universal Declaration on Human Rights). We also remind States that under international human rights law some rights cannot be derogated from under any circumstances, including in times of public emergency. These include: the right to life, the prohibition of torture or cruel, inhuman or degrading treatment or punishment, freedom of thought, conscience and religion, as well as the principles of precision and non-retroactivity of criminal law except where a later law imposes a lighter penalty. Furthermore, we call upon States to take appropriate measures to uphold respect for fundamental rights such as the right to liberty and security of person, the right to be free from arbitrary arrest, the presumption of innocence, the right to a fair trial, the right to freedom of opinion, expression and assembly, and the right to seek asylum. “We call upon States to limit the measures taken to the extent strictly required by the exigencies of the situation. Public policies must strike a fair balance between on the one hand the enjoyment of human rights and fundamental freedoms by all and on the other hand legitimate concerns over national and international security. The fight against terrorism must not result in violations of human rights as guaranteed under international law.” -----