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List of Abbreviations and Acronyms. Foreword. Introduction. How this manual works. Sources of human rights within the manual. Part I: Introduction to the international framework to counter terrorism and protect human rights. Chapter 1 - Human rights and counter-terrorism: the essential relationship. What is terrorism? The draft Comprehensive Convention on Terrorism. Other matters related to defining terrorism. Conditions conducive to terrorism and terrorism’s root causes. Chapter 2 - Protecting the rights of victims of terrorist attacks. Chapter 3 - Counter-terrorism, human rights, good governance and good administration. What is good governance? Good governance as efficient decision making: guiding principles. Procedure. Review. Civilian oversight. Chapter 4 - The international framework to combat terrorism: an overview. The current legal framework. The role of human rights at the Counter-terrorism Committee. Human rights and counter-terrorism at the UN. Regional approaches to counter-terrorism. Organization for Security and Co-operation in Europe. Council of Europe. European Union. Chapter 5 - The international framework to promote and protect human rights: an overview. The United Nations and the birth of the universal human rights system. The Universal Declaration of Human Rights. The human rights covenants. Human rights treaties on specific issues. Additional UN mechanisms to protect and promote human rights. Regional human rights instruments. The OSCE human dimension. The human dimension mechanism. OSCE institutions with relevance to the human dimension. Countering terrorism, protecting human rights. Council of Europe. Council of Europe framework. The European Convention for the Protection of Fundamental Rights and Freedoms. Procedures. Other Council of Europe human rights machinery. European Committee for the Prevention of Torture. European Committee of Social Rights (ECSR). Council of Europe Commissioner for Human Rights. European Union. Other regional human rights instruments. Customary international law. Chapter 6 - How human rights work. Sources of human rights. Human rights as the guarantor of human dignity. The requirement of legality. The rule of law. The right to an effective remedy. Retroactivity. Chapter 7 - General application of human rights standards. Civil and political rights. “Living instrument”. “Practical and effective”. The nature of civil and political rights. Absolute rights. Limited rights. Qualified rights. Derogable and non-derogable rights. Restricting rights. Legality: is there a legal basis for the interference? Is there a recognized justification or ground for restricting rights? Is it “necessary in a democratic society”? Is it proportionate? Is it discriminatory? Cross-cutting issues arising under civil and political rights. Autonomous concepts. Positive obligations. Horizontal application. Extra-territorial effect. Prohibition of the abuse of rights. Impunity and amnesty. Additional concepts. Economic, social and cultural rights. Principles applicable to the guarantee of economic; social and cultural rights under the ICESCR. Progressive realization of rights. Minimum core obligations. Analysing the content of economic, social and cultural rights. Countering terrorism, protecting human rights. Chapter 8 - How rights work: specific issues for counter-terrorism strategies. Equality before the law and protection from discrimination in international human rights law. Why principles of equality and non-discrimination are essential to international human rights law and to combating terrorism effectively. How is non-discrimination protected by international human rights law? Different approaches to protecting against discrimination. Is protection against direct discrimination enough? Protecting against indirect discrimination. Racial profiling as indirect discrimination. Using positive action to tackle entrenched discrimination. Inter-sectionality or multiple discrimination. Minority rights. Human rights within a state of emergency. Derogations are a temporary measure. Certain rights are non-derogable. Reviewing the extent of non-derogable rights: HRC General Comment. International criminal law. Accountability of states for actions of non-state actors. Part II: Specific human rights in countering terrorism. Chapter 9 - The right to life. Use of lethal force by law enforcement and in armed conflict. Positive obligations to safeguard life. Independent scrutiny of loss of life. Obligation to investigate deaths. Disappearances. Extra-judicial executions. Procedural safeguards required for an effective investigation. Absolute necessity and the permitted exceptions to the right to life. “In defence of any person from unlawful violence”. “In order to effect a lawful arrest or to prevent the escape of a person lawfully detained”. “In action lawfully taken for the purpose of quelling a riot or insurrection”. Considerations prior to the use of lethal force. The right to life and armed conflict. Other issues arising out of the right to life. Amnesty and impunity. Witnesses and collaborators of justice. The death penalty and the right to life. The position under the ECHR. Removal, deportation and extradition. Countering terrorism, protecting human rights. Chapter 10 - The absolute prohibition of torture, inhuman and degrading treatment or punishment: evidence collection, interrogation techniques and conditions and circumstances of detention. The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). International framework. Soft law framework to combat torture during arrest and in detention. Standard Minimum Rules for the Treatment of Prisoners. Code of Conduct for Law Enforcement Officials. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Principles of Medical Ethics relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Basic Principles for the Treatment of Prisoners. Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Protection from torture, inhuman and degrading treatment and punishment: how does it work? Factors that may be relevant to identifying whether treatment violates protection from torture, inhuman or degrading treatment and punishment. Definition of torture. Definition of inhuman. Definition of degrading. Issues arising under protection from torture relevant to counter-terrorism strategies. Specific issues relevant to protection from torture and inhuman and degrading treatment or punishment. Conditions of detention. Solitary confinement. Secret or incommunicado detention. Interrogation. Recording of interrogations. Reliance on evidence obtained through torture. Methods of restraint. Corporal punishment. Access to a doctor. Denial of medical treatment. Hunger strikes and forced feeding. Forced medical treatment. Discrimination. Positive obligations. Investigations of claims of ill-treatment. Retaliation against victims, witnesses and any other person acting on behalf of torture victims. Reparation to torture victims. Expulsion, deportation, rendering and extradition. The principle of non-refoulement. Standard of proof required. Interim measures. Countering terrorism, protecting human rights. Diplomatic assurances. Rendition. Chapter 11 - Detention conditions, the right to liberty and access to a lawyer of those suspected of terrorism. UN standards. Protections under customary international law. OSCE commitments in relation to the right to liberty. Understanding the right to liberty. Liberty and security. Prescribed by law. When detention is lawful. Detention for counter-terrorism purposes and the right to liberty. Access to a lawyer. Detention post-conviction by a competent court. Detention on reasonable suspicion of having committed an offence. Detention for the purposes of deportation and extradition. Grounds for detention for counter-terrorism purposes that are unlikely to be justified. Preventive and/or administrative detention. Procedural safeguards — reasons for detention. Procedural safeguards — judicial supervision.

A trial within a reasonable time and the right to bail. Procedural safeguards: the right to challenge the legality of detention – habeas corpus. Compensation for unlawful detention. Safeguards for special categories of detainees. Women in detention. Juvenile detention. People with mental health problems. The right to liberty and counter-terrorism. Chapter 12 - The right to a fair trial. The importance of the right to a fair trial. The right to a fair trial and the right to an effective remedy. The right to a fair trial and how it works. Is the right to a fair trial absolute? When is it permissible to limit fair-trial guarantees? Derogating from the right to a fair trial. The right to a fair trial in criminal proceedings. Access to a lawyer. Respect for the functions of a lawyer. What is a criminal charge? What is an independent and impartial tribunal? Courts martial, military tribunals and military judges. What is a trial within a reasonable time? When is there a right to appeal? What is a fair hearing? Access to court. Equality of arms. Countering terrorism, protecting human right. The right to be present. An adversarial hearing. Effective participation in the hearing. Public hearing. Reasons for decisions. Specific guarantees in relation to criminal trials. The presumption of innocence. The right to silence. Freedom from self-incrimination. Specific procedural safeguards in relation to criminal trials. Issues arising out of the right to a fair criminal trial. Entrapment. Unlawfully obtained evidence. Victims’ rights. Fair-trial rights and counter-terrorism. Sentencing of those convicted of terrorism. Penalties for those engaged in terrorism: fines, forfeiture, control orders, confiscation orders and asset freezing. The international framework on “blacklisting”, proscribing and asset freezing: UN and EU. Applying the right to a fair trial to listing regimes. Chapter 13 - Evidence collection, surveillance, investigation techniques and the right to respect for private life. The concept of private life. Developing privacy rights before international courts and tribunals. Victims’ rights and privacy protections. Privacy and counter-terrorism. Unlawfully obtained evidence. Special investigative techniques, surveillance and policing. When is it proportionate to interfere with privacy rights? Judicial supervision of SITs. Protection of personal data. Racial and religious profiling. The Council of Europe Guidelines on Human Rights and the Fight against Terrorism. Part III: Human rights and the guarantee of democratic pluralism. Chapter 14 - Controls on terrorist organizations. Chapter 15 - Freedom of expression. General considerations. The scope of freedom of expression protection. Political and public interest expression. Moral and religious expression. Artistic expression. Commercial expression. Countering terrorism, protecting human rights . “Valueless” expression. Hate speech and related issues. Incitement, racial hatred and hate speech. Holocaust denial. Apologie or the glorification of terrorism. Incitement, terrorism and the Internet. Regulation by governments. Filtering and blocking. Education. Right of access to information. Truth. Responsibilities. Restrictions on freedom of expression. Prior restraint versus subsequent liability. Defamation. Journalists’ sources. Fair trial. Chapter 16 - Freedom of association and the right to peaceful assembly. Peaceful assembly: overview and definition. Lawful restrictions. Private space. The right of association. What is an association? What is not an association? What is a non-governmental organization? Human rights defenders. Trade unions. Restricting association. When can a political party be banned? Proscribing, or “blacklisting” organizations. Chapter 17 - Obligation to protect religious pluralism. The elements of freedom of religion or belief. Manifesting religion or thought. Guaranteeing the protection of religion or belief for those who are detained. State interference with religious communities. Protecting religious and other beliefs. Conclusion.