FIDH’s questions to the UN Special Rapporteur on Counter-Terrorism

Mister President,
First the FIDH wishes to thank the Rapporteur Martin Scheinin for his excellent Report. FIDH has always strongly condemned terrorist attacks and understands that it is both the right and the duty of States to find ways to combat terrorism. However, FIDH denounces the clear emerging trend by States diverting the objectives of the fight against terrorism and sacrificing basic human rights. Thus, FIDH calls upon the UN Human Rights Council to develop an effective system that would ensure that counter terrorism measures are fully compatible with human rights. The Security Council has given the Counter Terrorism Committee the mandate to monitor counter terrorism measures adopted by Member States and their compliance with human rights standards.

Mister Scheinin, how could the Counter Terrorism Committee conduct an appropriate and effective review of national practices ? When a monitoring organ is dealing with human rights, proceedings must be transparent and public.

Considering the counter terrorism measures adopted by the United States, the most proactive State in the area, FIDH calls upon the Human Rights Council to denounce the practice of extraordinary rendition. The Rapporteur points out that renditions of suspected terrorists from the US to Jordan and Yemen amounts to a denial of fair trial standards. FIDH is very concerned by this policy which contradicts many human rights, especially the absolute principle of non-refoulement. FIDH would like to know the practice of seeking diplomatic assurances can be deemed to mitigate violation of this principle to the extent that a person can be returned despite the likelihood that the person will be tortured? Could you also look into the US recent attempt to abolish the writ of habeas corpus.

Mister President,
FIDH strongly believes that, if terrorism is a threat to fundamental freedoms and human rights, it’s only through the promotion, respect, and protection of these rights that we can adequately fight terrorism. That’s why the Human Rights Council should adopt a final resolution which condemns Guantanamo, extraordinary renditions, and other disproportionate counter terrorism measures.

Read more