Guidelines on human rights and the fight against terrorism
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Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers’ Deputies
COUNCIL OF EUROPE
CONSEIL DE L’EUROPE
Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers’ Deputies
Directorate General of Human Rights December 2002
Originally published by Council of Europe Publishing, September 2002 English: Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers’ Deputies ISBN 92-871-5021-4 French: Lignes directrices sur les droits de l’homme et la lutte contre le terrorisme adoptées par e le Comité des Ministres le 11 juillet 2002 lors de la 804 réunion des Délégués des Ministres ISBN 92-871-5020-6
Directorate General of Human Rights December 2002 This paper edition is intended for free distribution and may not be resold
Printed at the Council of Europe
Contents Preface by Walter Schwimmer, Secretary General of the Council of Europe . . . . . 5 Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Texts of reference used for the preparation of the guidelines on human rights and the fight against terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3
Preface Since the terrorist attacks of 11 September 2001, the fight against terrorism has become a top political priority. In addition to the sufferings caused and the threats posed to our society for the future, the attacks have been perceived as a direct assault on the fundamental values of human rights, democracy and the rule of law which are our shared heritage. The Council of Europe lost no time in reacting. It immediately set up a range of initiatives, both on the legal front and in terms of prevention, the central pillar of which was the drawing up of guidelines to help States strike the right note in their responses to terrorism. The temptation for governments and parliaments in countries suffering from terrorist action is to fight fire with fire, setting aside the legal safeguards that exist in a democratic state. But let us be clear about this: while the State has the right to employ to the full its arsenal of legal weapons to repress and prevent terrorist activities, it may not use indiscriminate measures which would only undermine the fundamental values they seek to protect. For a State to react in such a way would be to fall into the trap set by terrorism for democracy and the rule of law. It is precisely in situations of crisis, such as those brought about by terrorism, that respect for human rights is even more important, and that even greater vigilance is called for. At the same time, as I have continually stressed since the attacks, the need to respect human rights is in no circumstances an obstacle to the efficient fight against terrorism. It is perfectly possible to reconcile the requirements of defending society and the preservation of fundamental rights and freedoms. The guidelines presented here are intended precisely to aid States in finding the right balance. They are designed to serve as a realistic, practical guide for anti-terrorist policies, legislation and operations which are both effective and respectful of human rights. These guidelines are the first international legal text on human rights and the fight against terrorism. In adopting them on 11 July 2002, the Committee of Ministers considered it of the utmost importance that they be known and applied by all authorities responsible for the fight against terrorism, both in the member States of the Council of Europe and in those States that are associated with the work of the Council of Europe as observers. This is the purpose of this publication, which will, I
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