CCDH STRESSES IN AMMAN (JORDAN) NECESSITY OF RESPECTING HUMAN RIGHTS IN COUNTERTERRORISM

Mr. Mustapha Raïssouni, member of the Advisory Council on Human Rights (CCDH), stressed that counterterrorism should be based on a comprehensive approach that fully respects human rights, during a meeting on “Counterterrorism and human rights”. This meeting was organized from 24 to 26 November 2010 within the framework of the Arab-European Human Rights Dialogue, the secretariat of which is entrusted to CCDH, the Danish Institute for Human Rights and the Jordanian National Center for Human Rights.

During this meeting several presentations were given by the representatives of all participating national institutions, in addition to the analysis of the current situation in each participating country. The participants shed light on counterterrorism laws and legislations and methods adopted to limit the phenomenon or prevent it following a comprehensive approach that includes prevention, awareness and punishment. They stressed the importance of discovering the reasons behind terrorism and setting educational programs that can help freeing thoughts and believes from impurities that may lead to the adoption of terrorism as a principle to defend a belief, opinion or a political or religious convention.

In this regard, Mr. Raïssouni indicated that terrorism is the scourge of the present era. He stressed that the international community should reinforce its efforts to eradicate the phenomenon following peaceful ways based on the rules of international practices and respect of human rights and their protection.

He did not fail to mention that terrorism is the main enemy of human rights and fundamental liberties. It puts at stake all fundaments of human rights in general and the rights to life and the security of person and property, guaranteed by all divine laws and international conventions, and the Universal Declaration of Human Rights, in particular. Mr. Raïssouni also praised the efforts made by the Council in this regard.

The Advisory Council held a meeting right after the terrorist events of 16 May, on 29 May 2003, to analyze the phenomenon of terrorism from a human rights perspective. It studied the possibility to integrate this problematic in the Council’s programs and concerns, to strengthen and reinforce the acquired democratic rights. It set up an ad-hoc committee to deepen research and analysis and study the phenomenon from all its perspectives. The Council expressed its readiness to participate in the preparation of a national plan on counterterrorism based on a comprehensive approach that takes into consideration all terrorism perspectives. It stressed the rule of law in fighting this phenomenon and the necessity to do so in respect of human rights and conformity with international conventions. Any limit to liberties or restriction to the guarantees related to investigation, prosecution or trail violates the requirements of fair trial from the perspective of human rights. The Council conducted a specialized and detailed study of the provisions of the Moroccan penal legislations related to the fight against discrimination, hatred and violence in light of international conventions and submitted an advisory opinion on its harmonization to His Majesty the King.

Mr. Raïssouni declared that counterterrorism must respect the applicable legal and human rights provisions. He indicated that any suspect should be subject to a fair trial, stressing the necessity to distinguish terrorism, at the local or international level, and resistance that aims to free lands from occupation, stand against colonization and gain sovereignty and independence.

At the end of the meeting, the participants issued many recommendations, including the collection of the different legal relevant provisions of all Dialogue countries. Mr. Raïssouni was charged with the preparation of a synthetic report gathering the convergence and divergence points and points that need to be studied and discussed, including the possibility of finding a united definition of terrorism. This report should be sent to all institutions before June 2011. The participants agreed to hold an international conference or seminar in December 2011 on the following points: “reasons of terrorism”, “fair trail guarantees” and “prevention – treatment – rehabilitation”.