Human rights in the fight against terrorism Dr.T.S.N.Sastry Prof & Head, IPR ;Dean (Aca. &Planning) Tamil Nadu Dr. Ambedkar Law University Chennai

Universal Declaration of Human Rights 1948 … recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world… Art. 1. All human beings are born free and equal in dignity and rights… Art 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as… Art. 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

9/11 as a Backlash Torture and other inhuman treatment Arbitrary/indefinite deprivation of liberty without court review Confiscation of property without trial Erosion of the right to privacy New forms and practices of discrimination Denial of the existence of human rights obligations as a matter of law

Human rights often affected in the fight against terrorism The prohibition against torture and inhuman treatment The right to a fair trial The prohibition against arbitrary detention The right to leave one’s own country and the right to seek asylum Many economic, social and cultural rights (education, work, housing) The prohibition against discrimination (inter alia, through ’profiling’) Freedom of religion, freedom of expression, freedom of association The right to privacy

Human rights affected in the fight against terrorism Prohibition against Torture

Human rights obligations and the UN Security Council Charter article 103 -> counter-terrorism resolutions adopted under Chapter VII (1373) have priority in respect of any human rights treaty obligations? Res. 1456 para 6 (and Res. 1624 para 4) States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law;…

Three important recent positive developments 28.2.2008 Cuba signs the UN Covenants of 1966 Was announced already 10 December 2007 when Fidel Castro was still President Was preceded by Cuban proposals for resolutions codemning Guantánamo and citing the ICCPR and General Comment No. 31 28.2.2008 Eur. Court of HR decides Saadi v. Italy States face immense difficulties in modern times in protecting their communities from terrorist violence. It (= the Court) cannot therefore underestimate the scale of the danger of terrorism today and the threat it presents to the community. That must not, however, call into question the absolute nature of Article 3. UK arguments about a ’blancing’ test, introducing a ’more likely than not’ standard and diplomatic assurances were all rejected 20.3.2008 UN Security Council adopts resolution 1805 The Security Council itself seeks advice on human rights law

Terrorism as the negation of human rights Terrorism = deadly or otherwise serious violence against innocent bystanders Always morally and legally wrong To criticize governments for human rights abuses when fighting against terrorism is important but not enough How to build societies without terrorism? Promotion of all human rights as an essential component of sustainable strategies