to the fullest extent possible and in light of the limits on derogation imposed by the ICCPR. 2. Consideration should be given to the removal of the derogation of rights permitted under the Constitution during an emergency which offend against Articles 7 and 8 of the ICCPR, namely the freedom not to be subjected to torture, or to cruel, inhuman or degrading treatment or punishment, and the freedom not to be held in slavery or servitude or to be required to perform forced or compulsory labour. 3. The definition of ‘terrorist emergency’ in the Suppression of Terrorism Decree and the definition of terrorism in the Intelligence Service Decree are drafted broadly and may unintentionally include such activities as a protest that may have resulted in violence and injury to a person, although that was not its purpose, in contravention of the right to freedom of expression in Article 19 of the ICCPR. 4. The failure to limit the search powers contained in the Suppression of Terrorism Decree and the Intelligence Service Decree to persons over the age of 18 is not in accordance with the ‘best interests of the child’ principle contained in the Article 3 of the CRC. 5. Any detention in respect of anti-terrorism measures should not be arbitrary as the term has been defined in relation to the prohibition contained in the ICCPR and which is likely to have become a principle of customary international law to which all States are bound. 6. Counter-terrorism measures should be promulgated by parliamentary legislation, which allows scope for public participation, rather than by Executive decrees which have the potential to abridge human rights. The Suppression of Terrorism Decree and the Intelligence Service Decree should be recast and re-submitted to Parliament for democratic consideration. 23