HIGH COMMISSIONER’S OFFICE TO PUBLISH A DIGEST OF JURISPRUDENCE ON TERRORISM

28 July 2003





The United Nations Office of the High Commissioner for Human Rights (OHCHR) has just finalized a digest which is a compilation of findings of judicial and quasi-judicial bodies of the United Nations and regional organizations on the issue of the protection of human rights in the context of measures against terrorism. It aims to assist policy makers and other concerned parties in developing a vision of counter-terrorism strategies which falls within the purview of their international legal obligations, and in particular, those in the human rights realm.

States may have legitimate and urgent reasons to take measures to eliminate terrorism. They have a duty however, to protect their nationals and others against terrorist attacks and to bring the perpetrators of such acts to justice.

Human rights law establishes a framework in which terrorism can be effectively countered without adversely affecting fundamental freedoms. The objective of this digest is to enhance the understanding of this framework.

The unedited version of the full text is available on OHCHR’s website (www.ohchr.org) as of today. A final version will be published on paper in a few weeks. For information, the Digest’s table of contents is attached.




Digest of Jurisprudence on Terrorism

Contents


INTRODUCTION

I. GENERAL CONSIDERATIONS

A. State duty to protect
B. Compatibility of counter-terrorism measures with human rights
C. Relation of human rights and international humanitarian law in their application to counter-terrorism measures


II. STATES OF EMERGENCY

A. Rules concerning derogation measures
B. Procedural aspects


III. SPECIFIC RIGHTS

A. Right to life
B. Prohibition of torture and cruel, inhuman or degrading treatment
C. Conditions of detention
D. Pre-trial and administrative detention
D.1 Judicial control and prohibition of arbitrary detention
D.2 Charges and right to be informed of the reasons for arrest
D.3 Prolonged pre-trial or administrative detention
D.4 Incommunicado detention
E. Right to fair trial
E.1 Presumption of innocence and other rights
E.2 Special courts
E.3 Right to appeal
F. Principle of legality (nullum crimen, nulla poena sine lege)
G. Access to counsel
H. Freedom of thought, conscience and belief
I. Right to political participation, freedom of opinion, expression and assembly
J. Freedom of movement
K. Freedom from discrimination
L. Treatment of non-nationals (including asylum, expulsion and non-refoulement)

Annex I: Relevant provisions of international instruments
Annex II: General Comment No. 29 of the UN Human Rights Committee