nt on
and
otect
gard,
ghts
10.
Calls upon States to ensure that measures to combat terrorism and
preserve national security:
ntee
with
that
ight,
ntial
(b)
Clearly identify which offences qualify as terrorist acts by defining
transparent and foreseeable criteria, including, inter alia, considering without prejudice
diose formulated by the Special Rapporteur on the promotion and protection of human
rights while countering terrorism,
(a)
Are in compliance with their obligations under international law, in
particular under inlemational human rights law, and do not hinder the work and safety of
individuals, groups and organs of society engaged in promoting and defending human
rights;
role
le of
g the
k;
(c)
Prohibit and do not provide for. or have the effect of, subjecting persons
to arbitrary detention, such as detention without due process guarantees, the deprivation
of liberty that amounts to placing a detained person outside the protection of the law, or
the illegal deprivation of liberty and transfer of individuals suspected of terrorist
activities, nor the unlawful deprivation of the right to life or the trial of suspects without
fundamental judicial guarantees;
form
onal
man
e or
man
and
(d) Allow appropriate access for relevant international bodies, non
governmental organizations and national human rights institutions, where such exist, to
persons detained under anti-terrorism and other legislation relating to national security,
and to ensure that human rights defenders are not harassed or prosecuted for providing
legal assistance to persons detained and charged under legislation relating to national
security;
and
d be
onal
m of
t the
n all
m of
ures
rent,
ty to
and
d on
that
ed at
n for
ency
es in
11. Further calls upon States to ensure that all legal provisions and their
application affecting human rights defenders ate clearly defined, determinable and
non¬retroactive in order to avoid potential abuse to the detriment of fundamental
freedoms and human rights, and specifically to ensure that:
(a)
The promotion and the protection of human rights are not criminalized,
and that human rights defenders are not prevented from enjoying universal human rights
owing to their work, whether they operate individually or in association with others,
while emphasizing that everyone shall respect the human rights of others;
(b)
The judiciary is independent, impartial and competent to review
effectively legislation and its application affecting the work and activities of human
rights defenders;
(c)
Procedural safeguards, including in criminal cases against human rights
defenders, are in place in accordance with international human rights law in order to
avoid the use of unreliable evidence, unwarranted investigations and procedural delays,
thereby effectively contributing to the expeditious closing of all unsubstantiated cases,
with individuals being afforded the opportunity to lodge complaints directly with the
appropriate authority;
(d)
Any provision or decision that may interfere with the enjoyment of
human rights must respect fundamental principles enshrined in international law so that
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