security and protection of Human Rights defenders

| | |
|ADVANCE UNEDITED VERSION |Distr. |
| |GENERAL |
| |A/HRC/13/42 |
| |26 January 2010 |
| |Original: ENGLISH |
| | |
HUMAN RIGHTS COUNCIL
Thirteenth session
Agenda item 3 Joint study on global practices in relation to secret detention in the
context of countering terrorism of the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering
terrorism, the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, the Working Group on Arbitrary Detention
and the Working Group on Enforced or Involuntary Disappearances
CONTENTS
| |Paragraph |Page |
|I. INTRODUCTION |1-7 | |
|II. SECRET DETENTION UNDER INTERNATIONAL LAW | | |
| |8-56 | |
|A. Terminology |8-16 | |
|B. Secret detention and international human | | |
|rights law and international humanitarian law |17-56 | |
|1. Secret detention and the right to liberty of|18-23 | |
|the person | | |
|2. Secret detention and the right to a fair |24-27 | |
|trial | | |
|3. Secret detention and enforced disappearance |28-30 | |
|4. Secret detention and the absolute prohibition| | |
|on torture and other forms of ill-treatment |31-35 | |
|5. State responsibility through secret detention|36-43 | |
|by proxy | | |
|6. Secret detention and derogations from | | |
|international human rights |44-53 | |
|7. Secret detention and international |54-56 | |
|humanitarian law | | |
|III. SECRET DETENTION PRACTICES IN PAST CONTEXTS| | |
| |57-97 | |
|A. The emergence of the recent practice of | | |
|secret detention |57-59 | |
|B. The recent practice of secret detention |60-86 | |
|1. Secret detention in Latin America |60-70 | |
|2. Secret detention in Africa |71-74 | |
|3. Secret detention in Northern Africa and the | | |
|Middle East |75-78 | |
|4. Secret detention in Asia |79-83 | |
|5. Secret detention in Europe |84-86 | |
|C. The United Nations and regional responses | | |
|towards outlawing the practice of secret |87-97 | |
|detention | | |
|IV. SECRET DETENTION PRACTICES IN THE GLOBAL | | |
|"WAR ON TERROR" SINCE 11 SEPTEMBER 2001 |98-162 | |
|A. The "high-value detainee" program and the | | |
|CIA's own secret detention facilities |103-129 | |
|B. CIA detention facilities or facilities | | |
|operated jointly with US military in battlefield|130-139 | |
|zones | | |
|1. Afghanistan |131-135 | |
|2. Iraq |136-139 | |
|C. Proxy detention sites |140-156 | |
|1. Jordan |143-144 | |
|2. Egypt |145 | |
|3. The Syrian Arab Republic |146-148 | |
|4. Morocco |149 | |
|5. Pakistan |150-151 | |
|6. Ethiopia |152-154 | |
|7. Djibouti |155 | |
|8. Uzbekistan |156 | |
|D. Complicity in the practice of secret |157 | |
|detention | | |
|E. Secret detention and the United States | | |
|administration of President Obama |158-165 | |
|V. THE NATURE AND SCOPE OF SECRET DETENTION | | |
|PRACTICES IN RELATION TO CONTEMPORARY REGIONAL | | |
|OR DOMESTIC COUNTER-TERRORIST EFFORTS | | |
| |165-281 | |
|A. Asia |167-201 | |
|B. Central Asia |202-206 | |
|C. Europe |207-214 | |
|D. Middle East and North Africa |215-250 | |
|E. Sub-Saharan Africa |251-281 | |
|V. CONCLUSIONS |282-292 | |
|Annex I | | |
|SUMMARY OF GOVERNMENT REPLIES TO QUESTIONNAIRE | | |
|Annex II | | |
|CASE SUMMARIES | | |
I. INTRODUCTION The present joint study on global practices in relation to secret detention
in the context of countering terrorism was prepared by the Special
Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism, the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment, the Working
Group on Arbitrary Detention (represented by its Vice Chairperson), and the
Working Group on Enforced and Involuntary Disappearances (represented by
its Chairperson). The study was prepared within the mandates of the above-mentioned special
procedures. In particular, the Human Rights Council, in its resolution
6/28, requested the Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism to make
concrete recommendations on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, and to work in close
coordination with other relevant bodies and mechanisms of the United
Nations, in particular with other special procedures of the Council, in
order to strengthen the work for the promotion and protection of human
rights and fundamental freedoms while avoiding unnecessary duplication of
efforts.
In its resolution 8/8, the Council requested the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment to
study, in a comprehensive manner, trends, developments and challenges in
relation to combating and preventing torture and other cruel, inhuman or
degrading treatment or punishment, and to make recommendations and
observations concerning appropriate measures to prevent and eradicate such
practices. In its resolution 6/4, the Council requested the Working Group on Arbitrary
Detention to seek and receive information from Governments and
intergovernmental and non-governmental organizations, and receive
information from the individuals concerned, their families or their
representatives relevant to its mandate, and to formulate deliberations on
issues of a general nature in order to assist States to prevent and guard
against the practice of arbitrary deprivation of liberty. Like other
mandates, it was asked to work in coordination with other mechanisms of the
Human Rights Council.
In its resolution 7/12, the Council requested the Working Group on Enforced
or Involuntary Disappearances to consider the question of impunity in the
light of the relevant provisions of the Declaration on the Protection of
All Persons from Enforced Disappearances, having in mind the set of
principles for the protection and promotion of human rights through action
to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II, and
E/CN.4/2005/102/Add.1), and to provide appropriate assistance in the
implementation by States of the Declaration and existing international
rules. In the above context, the four mandates endeavoured to address global
practices in relation to secret detention in counter-terrorism. In the
joint study, they describe the international legal framework applicable to
secret detention and provide a historical overview of the use of secret
detention. The study addresses the use of secret detention in the context
of the "global war on terror" in the post 11 September 2001 era. To the
extent possible, in order to demonstrate that the practice of secret
detention is regrettably not an uncommon one, it also highlights a number
of cases where it has been utilized in and by States from various
geographical regions. Owing to its global nature, the present study cannot
be exhaustive but rather aims to highlight and illustrate by examples the
wide spread practice of secret detention and related impunity. Finally, the
study concludes with concrete recommendations regarding these practices,
aimed at curbing the use of secret detention and the unlawful treatment or
punishment of d