Anti-terrorist Measures And Human Rights by Walter Schwimmer, Wolfgang Benedek, Alice

By Walter Schwimmer, Wolfgang Benedek, Alice Yotopoulos-Marangopoulos

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6 (b) (2002). 36 See Annex I: Commission on Human Rights, Joint statement issued on 10 December 2001 by 17 independent experts of the Comnission on Human Rights on the occasion of Human Rights Day, to the Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. 4/2002/75 of 30 January 2002. 29 In addition, many of them have underlined the importance of respect for human rights in the fight against terrorism in their respective reports to the ~ o m m i s s i o n ; ~ ~ d) The Secretary-General of the United ~ a t i o n s ; ~ * e) The former United Nations High Commissioner for Human Rights, who wasted no occasion for repeating that anti-terrorist measures must conform with human rights;39 f) The current High ~ommissioner;~ g) And the Policy Working Group on the United Nations and Terrorism, which, in its report reIeased on 10 September 2002, emphasized that international law requires observance of basic human rights standards in the struggle against terrorism and that various international human rights instruments include clear limitations on the actions that States may take within the context of the fight against terrorism.

6 (b) (2002). 36 See Annex I: Commission on Human Rights, Joint statement issued on 10 December 2001 by 17 independent experts of the Comnission on Human Rights on the occasion of Human Rights Day, to the Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. 4/2002/75 of 30 January 2002. 29 In addition, many of them have underlined the importance of respect for human rights in the fight against terrorism in their respective reports to the ~ o m m i s s i o n ; ~ ~ d) The Secretary-General of the United ~ a t i o n s ; ~ * e) The former United Nations High Commissioner for Human Rights, who wasted no occasion for repeating that anti-terrorist measures must conform with human rights;39 f) The current High ~ommissioner;~ g) And the Policy Working Group on the United Nations and Terrorism, which, in its report reIeased on 10 September 2002, emphasized that international law requires observance of basic human rights standards in the struggle against terrorism and that various international human rights instruments include clear limitations on the actions that States may take within the context of the fight against terrorism.

41, Oficial Journal of the European Communities, C 377, 29 December 2000, at 344). g. Dennis, supra, vol. 96 (2002), at 183). g. the articles by Dennis, supra note 53). See also Ph. N. , 1998) (in Greek), at 21. It is telling, in this regard that, the representative of Algeria rccently stated before the Third Committee that "[tlerrorism violated the right to life. One must therefore not completely impede authorities aiming to protect the rights of their citizens to life" (UN Press Release, GNSHC/3729,21 November 2002).

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