A/67/396
I. Introduction
1.
The present report is submitted to the General Assembly by the Special
Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism, Ben Emmerson, pursuant to General Assembly
resolution 66/171 and Human Rights Council resolutions 15/15 and 19/19. It sets
out the activities of the Special Rapporteur conducted between 3 April and
31 August 2012 and evaluates the mandate of the Office of the Ombudsperson
established by Security Council resolution 1904 (2009) (and amended by resolution
1989 (2011)) and its compatibility with international human rights norms, assessing
in particular its impact on the due process deficits inherent in the Council’s
Al-Qaida sanctions regime. The report makes recommendations for amending the
mandate to bring it into full conformity with international human rights norms.
II. Activities of the Special Rapporteur
2.
On 12 April 2012, the Special Rapporteur addressed the Sub-Committee on
Human Rights of the European Parliament in the context of a public hearing on secret
rendition and detention practices held under the theme: “How to protect human rights
while countering terrorism?”. He referred to the work undertaken by four special
procedures mandates, namely, the Special Rapporteurs on the promotion and
protection of human rights and fundamental freedoms while countering terrorism; and
on torture and other cruel, inhuman or degrading treatment or punishment, as well as
the Working Group on Arbitrary Detention and the Working Group on Enforced and
Involuntary Disappearances to follow up on the Joint study on global practices in
relation to secret detention in the context of countering terrorism (A/HRC/13/42). In
his presentation, he addressed human rights concerns in relation to activities
conducted by intelligence services in countering terrorism and emphasized the need
for oversight over their activities, recalling that terrorism suspects should be tried in
ordinary criminal courts in public proceedings affording fair trial standards, including
prompt access to a lawyer of their choice following arrest.
3.
In May 2012, the Special Rapporteur met in Strasbourg, France, with the
newly appointed Commissioner for Human Rights of the Council of Europe and the
European Commission for Democracy through Law (Venice Commission).
4.
Between April and June 2012, the Special Rapporteur held meetings with a
number of Member States, non-governmental organizations, including victims’
organizations, and other stakeholders in relation to his thematic report to the Human
Rights Council on the framework principles for securing the human rights of victims
of terrorism (A/HRC/20/14 and Add. 1 and 2).
From 11 to 13 June, the Special Rapporteur attended the nineteenth annual meeting
5.
of special procedures mandate holders of the Human Rights Council, held in Geneva.
6.
On 20 June, the Special Rapporteur presented his report on the framework
principles for securing the human rights of victims of terrorism (A/HRC/20/14 and
Add. 1 and 2) to the twentieth session of the Human Rights Council and held a press
conference. On that occasion, he also participated as a panellist in a side event held
on the theme “Human rights implications of the U.S. targeted killing programme”,
jointly organized by the American Civil Liberties Union, the Center for
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