Proposed
anti-terrorism resolution of UN undermines human rights
Amnesty
International made an urgent appeal to members of the UN Security Council
to revise an anti-terrorism resolution, which would seriously undermine
human rights including the right to freedom of expression and religion.
Council
members are under strong pressure from the Russian Federation to adopt
the resolution despite the use of language so broad and vague that peaceful
political or human rights activists can easily be detained, prosecuted
or extradited under its binding provisions.
The
organization is particularly concerned that the resolution calls on
states to bring to justice or extradite any person who "supports",
"facilitates" or who even "attempts to participate in
the ... planning [or] preparation of ... terrorist attacks". This
language casts the net so wide that people, including human rights advocates
or peaceful political activists can easily and unintentionally fall
victim to the measures advocated in the resolution.
The
resolution does not even require that acts contributing to "terrorists
acts", such as unknowingly providing lodging, have to be intentional
or done with the knowledge that they will assist the crime. In resorting
to such exceptionally broad language, the resolution would call for
measures which do not even permit individuals to foresee whether their
acts will be lawful or not, a basic requirement in criminal law,"
Amnesty International said.
The
organization condemns all attacks targeting civilians, including deplorable
bombings in Egypt. States have obligations to take measures to protect
persons within their jurisdiction and bring to justice those responsible
for such attacks. Measures taken must respect and protect the human
rights of all concerned however.
While
the present draft resolution is an improvement on previous drafts and
includes some weak human rights provisions, it only tells states that
they "should" act in accordance with their obligations under
international law, including human rights law, instead of making it
absolutely clear that they must do so.
Amnesty
International calls on the Security Council to:
*Include an operative paragraph in the resolution which specifies that
all measures taken by states must be consistent with international law,
in particular international human rights, refugee law and humanitarian
law.
*Clarify that no measures may violate in any way the absolute prohibition
on torture and cruel, inhuman or degrading treatment or punishment,
and that international cooperation in bringing suspects to justice must
not include any loosening of the safeguards against torture and ill
treatment.
*Define crimes only in a clear, narrow sense that are clearly understood
and would prevent abuse;
*Ensure that the call for "penalties consistent with their grave
nature" does not constitute a call on states to impose capital
punishment, which is a violation of the right to life.
Sources:
The Amnesty International.
