This motion has not been discussed in the Assembly and commits only those who have signed it.
The Assembly will not condone or tolerate the commission of
acts of terrorism against its peoples but is always mindful of the
need always to assert and maintain vigilance in its commitment to
human rights, democracy and the rule of law, and conscious that
any derogation from these principles in the interests of combating
terrorism and maintaining public safety should be strictly limited.
It therefore welcomes the tone taken by the International Commission
of Jurists on its recent report “Assessing Damage, Urging Action”.
The Assembly calls on member states to note:
the current legal framework
under the European Convention on Human Rights, permitting some temporary
and proportionate alleviation or even suspension of specific rights
is sufficiently adaptable to counter any current or future threats;
there is a danger that temporary measures, even if felt
necessary at the time, become permanent when the original circumstances
are no longer applicable;
that it is extremely difficult to reinstate human rights
protections once lost or diminished;
that the concept of a war on terror is misleading and
unhelpful, in that it is the rights of civil victims which are challenged
by terrorism and that terrorist crimes do not equate to acts of
war.
The Assembly urges member states to:
confine actions against terrorism to measures that are
only necessary, reasonable and proportionate;
not operate by proxy, depending on third parties to carry
out acts, including extraordinary rendition and torture which are
clearly wholly incompatible with the Convention and our universal
values and should not admit evidence obtained by this means into
their courts;
avoid the use of immigration law as a substitute for criminal
law and that any process of administrative detention should be granted
only after the judicial process and be reviewed regularly;
take steps to ensure that the work and actions of intelligence
agencies are fully compatible with human rights law;
avoid the abuse of administrative listing process and
make sure that any listing process is strictly time limited and
is undertaken with due regard to effective remedies to allow decisions
to be contested.
The Assembly asks its relevant Committee to initiate a process
of stocktaking to identify breaches of these principles, to repudiate
violations of human rights which have occurred in consequence and
to articulate the primacy of international law, with particular
regard to the importance of humanitarian issues and those of the human
rights of individuals.
