Counter terrorism and human rights protection
Terrorism constitutes a serious threat to human rights and democracy. While action by states is necessary to prevent and effectively sanction terrorist acts, not all means are justifiable. There is a compelling duty for states to protect the general interest of public security and the rule of law without jeopardizing the core of human rights, which are enshrined notably in the European Convention on Human Rights.
The operations conducted by a number of states in the context of the so-called “war on terrorism” in recent years, including the “rendition programmes”, the establishment of “black sites” and mass surveillance, have shown that a wide range of human rights are affected by counter terrorism measures, notably the right to life, the prohibition on torture or inhuman or degrading treatment, the right to liberty and security, the right to a fair trial, and respect for private and family life. Forfeiting human rights in the fight against terrorism is a grave mistake and an ineffective measure that may help the cause of the terrorists. Policies which are human rights compliant preserve the values the terrorists are trying to destroy, weaken support for radicalism among potential adherents, and strengthen public confidence in the rule of law.
The Commissioner is particularly vigilant with regard to the adoption of new anti-terrorist legislation, which should be subjected to human rights proofing, and provide for democratic oversight of security services. She regularly raises these topics with authorities in member states and provides her assistance to them through analyses and recommendations in various thematic and country-specific documents.
Opinion articles & interviews
- Human rights in Turkey – the urgent need for a new beginning (Euronews, 2017)
- Luttons contre le terrorisme dans le respect du droit (Le Monde, 2016)
- Human rights in Europe should not buckle under mass surveillance (Open Democracy, 2016)
- Audio interview on the state of emergency in France (France Culture, 2016)
- Video interview on EU Calls On Member States To Protect Snowden (Huffington Post Live, 2015)
- Europe is spying on you (New York Times, 2015)
- Interview Democracy Now! CIA secret programmes and surveillance ; timeline 45:16
- Intelligence services need to be better monitored (interview SRF, 2015)
- Security services should not have carte blanche (OpenDemocracy, 2015)
- Renseignement : « Le projet de loi porte gravement atteinte aux libertés » (Le Monde, 2015)
- La loi sur le renseignement met-elle la France sur écoute ? (TV5 Monde, 2015)
- Anti-terrorism and human rights (New Europe, 2014)
- Prism: secret surveillance could destroy democracy rather than defend it (The Guardian, 2013)
Third party interventions
Opinions & Recommendations
- Opinion on the draft Convention on the Prevention of Terrorism (2005)
- Opinion on certain aspects of the United Kingdom 2001 derogation from Article 5 of the European Convention on Human Rights (2002)
- Recommendation concerning certain rights that must be guaranteed during the arrest and detention of persons following "cleansing" operations in the Chechen Republic of the Russian Federation (2002)
Resources
Viewpoints
Country work
- Letter to the Minister of the Interior and Kingdom Relations and the Minister of Security and Justice of the Netherlands, 29 November 2016
- Report following the visit to Germany, 24 April & 4-8 May 2015 ; page 14, 1.6 Democratic oversight of national intelligence and security services
- Letter to the French Senate on surveillance bill, 18 May 2015
- 4th quarterly activity report 2014 ; page 25, 9 - Observations and reflections
- Report following the visit to the Netherlands, 20-22 May 2014 ; page 13, 1.7 - Human rights and the intelligence and security services
- Memorandum from the Council of Europe Commissioner for Human Rights: Advancing accountability in respect of the CIA Black Site in Romania, 18 December 2012
- Report following the visit to the Russian Federation, 12-21 May 2012 ; I - Counter-terrorism measures
- Letter to Minister of Justice of the Republic of Turkey, 8 June 2010
- Letter to Mr Andrius Kubilius, Prime Minister of Lithuania, 9 December 2009
- Letter to the 47 member states regarding Guantanamo prisoners, 5 June 2009
- Commissioner publishes her observations on the repatriation of European nationals held in camps in North-East Syria
- Swiss lawmakers should review draft legislation on police counterterrorism measures to ensure respect for human rights
- PACE urgent debate on International obligations concerning the repatriation of children from war and conflict zones
- Hearing of the Grand Chamber of the European Court of Human Rights in the cases of H.F. and M.F. v. France and J.D. and A.D. v. France
- PACE urgent debate on International obligations concerning the repatriation of children from war and conflict zones
- 1164th Plenary Meeting of the OSCE Permanent Council