Conte, Alex --- "Counter-Terrorism and Human Rights" [2010] ELECD 209; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 20

Section Title: Counter-Terrorism and Human Rights

Author(s): Conte, Alex

Number of pages: 29

Extract:

20. Counter-terrorism and human rights
Alex Conte



The relationship between terrorism and human rights is a matter that had been
reflected upon well before the events of 11 September 2001. Since 9/11, with
events such as the establishment of the detention camp at Guantánamo Bay
and the proliferation of security and counter-terrorist legislation throughout
the world, more attention has been paid to the issue of the extent to which
counter-terrorism impacts upon human rights. As noted by the UN Office of
the High Commissioner for Human Rights:1

Some States have engaged in torture and other ill-treatment to counter terrorism,
while the legal and practical safeguards available to prevent torture, such as regular
and independent monitoring of detention centres, have often been disregarded.
Other States have returned persons suspected of engaging in terrorist activities to
countries where they face a real risk of torture or other serious human rights abuse,
thereby violating the international legal obligation of non-refoulement. The inde-
pendence of the judiciary has been undermined, in some places, while the use of
exceptional courts to try civilians has had an impact on the effectiveness of regular
court systems. Repressive measures have been used to stifle the voices of human
rights defenders, journalists, minorities, indigenous groups and civil society.
Resources normally allocated to social programmes and development assistance
have been diverted to the security sector, affecting the economic, social and cultural
rights of many.

This chapter first considers the general obligation upon ...