Terrorism Convention in Article 12 contains a general guarantee of fair treatment for any person who is taken into custody pursuant to the Convention including the enjoyment of all the rights and guarantees provided by the laws of the State in which the person is present and the applicable provisions of international law including international human rights law and in particular the Standard Minimum Rules. The Advisory Council recognises, however, that difficult issues may arise in the context of terrorist offences when there are concerns about jeopardising national security by the disclosure of classified information or concerns about the safety or witnesses. Negotiating these difficulties will depend upon striking the appropriate balance in the particular circumstances of the case between national security concerns and the protection of victims and witnesses on the one hand and the rights of an accused to a fair trial on the other. The Advisory Council notes that withholding evidence from an accused person may significantly undermine the fairness of a trial. It should therefore be a matter of last resort. It is important that any measures to protect witnesses or classified information be consistent to the greatest extent possible with the fair trial rights set out above, be specifically authorised by the judicial authority bringing the case and only imposed to the extent strictly necessary. (vii) The manner in which search and seizure powers can be exercised in accordance with international law SUMMARY OF ANSWERS • Under international law any exercise of search and seizure powers, including interception warrants, must be lawful and not arbitrary (i.e. must be necessary and proportional). In particular, such measures must: o be non-discriminatory; and o take into consideration rights to privacy, family and correspondence. • There may be justification for restricting the right to privacy in light of the threat to national security posed by terrorism. Any information gathering powers, including the power to apply for interception warrants, must, however, be clearly defined and subject to 57