C I V I L L I B E RT I E S
'States must ensure that any measure taken to combat terrorism
complies with their obligations under international law, in particular
international human rights, refugee and humanitarian law.'
The resolution also
'Encourages States, while countering terrorism, to take into account
relevant United Nations resolutions and decisions on human rights,
and encourages them to consider the recommendations of the special
procedures and mechanisms of the Commission on Human Rights
and the relevant comments and views of United Nations human
rights treaty bodies.'
4.12 Those United Nations human rights treaty bodies have also, in recent
months, while fully recognizing the legitimate security concerns of States and
their duty to protect their citizens from terrorist acts, focused on how this
should be done while respecting the human rights obligations of States.
4.13 Thus, for instance, as indicated in a "Digest of Jurisprudence of the UN
& Regional Organizations on the Protection of Human Rights while Countering
Terrorism," recently published by the UN High Commissioner for Human
Rights:
●
On 22 November 2001, the UN Committee against Torture reminded
States parties to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) of the nonderogable nature of most of the obligations undertaken by them in
ratifying the Convention. It will be recalled that Government of India
signed this Convention on 14 October 1997 but is yet to ratify it.
●
On 10 December 2001, 17 special rapporteurs and independent experts
of the UN Commission on Human Rights issued a joint statement, in the
aftermath of the tragic events of 11 September 2001, reminding states
of their obligations under international law to uphold human rights and
fundamental freedoms. They warned against human rights violations and
measures that targeted particular groups such as human rights defenders,
migrants, asylum-seekers and refugees, religious and ethnic minorities,
political activists and the media.
●
On 8 March 2002, the UN Committee on the Elimination of Racial
Discrimination requested States to ensure that measures taken against
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