• The Advisory Council notes with concern incidents of extra-judicial killings, being killings by law enforcement officers, the military or vigilante groups outside of the judicial process and without lawful excuse. • Such killings are contrary to the fundamental human right not to be arbitrarily deprived of life. The perpetrators should not be entitled to claim immunity from prosecution in respect of such crimes. (ix) The international human rights standards that can be derogated from and in what circumstances • In no circumstances whatsoever can torture or cruel, inhuman and degrading treatment and punishment be justified. • Certain human rights have become norms of customary international law, including the right to be treated humanely while in detention and certain minimum standards of due process (including the presumption of innocence). Such norms must always be complied with by all States. • Departure from some other human rights standards might be permissible under the ICCPR only: o In times of lawfully proclaimed public emergency which threatens the life of the nation; and o Where departure from those rights is non-discriminatory and strictly necessary and proportionate to the emergency. (x) The relationship between anti-terrorism measures and the rights to seek asylum and to non-refoulement • Anti-terrorism measures should not undermine access to asylum for refugees (those fleeing their country of origin by reason of well-founded fear of persecution). 18