ACTION AGAINST TERRORISM MUST NOT UNDERMINE HUMAN RIGHTS, SAY HIGH COMMISSIONER FOR HUMAN RIGHTS, COUNCIL OF EUROPE AND OSCE

29 November 2001





Geneva/Strasbourg/Warsaw, 29 November 2001 - In an unprecedented move, the heads of three leading inter-governmental human rights bodies today jointly cautioned governments that measures to eradicate terrorism must not lead to excessive curbs on human rights and fundamental freedoms.

"While we recognize that the threat of terrorism requires specific measures, we call on all governments to refrain from any excessive steps which would violate fundamental freedoms and undermine legitimate dissent", says a joint statement issued by Mary Robinson, the United Nations High Commissioner for Human Rights, Walter Schwimmer, Secretary-General of the Council of Europe, and Ambassador Gérard Stoudmann, Director of the Organization for Security and Cooperation in Europe's (OSCE) Office for Democratic Institutions and Human Rights. "In pursuing the objective of eradicating terrorism, it is essential that States strictly adhere to their international obligations to uphold human rights and fundamental freedoms."

Responding to recent worrying developments in some countries, the three international human rights representatives urged all States to ensure that any measures restricting human rights in response to terrorism strike a fair balance between legitimate national security concerns and fundamental freedoms that is fully consistent with their international law commitments.

They stressed that some rights may not be derogated from under any circumstances. These include the right to life, freedom of thought, conscience and religion, freedom from torture or cruel, inhuman or degrading treatment, and the principles of precision and non-retroactivity of criminal law except where a later law imposes a lighter penalty. For other rights, any derogation is only permitted in the special circumstances defined in international human rights law. "The purpose of anti-terrorism measures is to protect human rights and democracy, not to undermine these fundamental values of our societies", the statement concludes.

The Office of the UN High Commissioner for Human Rights, the Council of Europe and the OSCE's Office for Democratic Institutions and Human Rights stand ready to assist States with developing appropriate legislative responses to terrorism, and to monitor the implementation of anti-terrorist legislation.



For further information, please contact:

- José Diaz, Spokesperson, Office of the UN High Commissioner for Human Rights,
tel. + 41 22 917 9242
- Council of Europe Press Service, tel. +333 8841/2560, fax +333 8841/2789 (fax)
- Jens-Hagen Eschenbächer, Spokesperson,
OSCE Office for Democratic Institutions and Human Rights, tel: +48-22-520 06 00.




* *** *