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A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
draws the State Party’s attention to its statement of 8 March 2002 in which it
underlines the obligation of States to ‘ensure that measures taken in the struggle
against terrorism do not discriminate in purpose or effect on grounds of race, colour,
descent, or national or ethnic origin’.”
IV. OTHER RELEVANT COUNCIL OF EUROPE MATERIALS
A. Council of Europe Parliamentary Assembly Resolution 1271
(2002)
106. On 24 January 2002 the Council of Europe’s Parliamentary
Assembly adopted Resolution 1271 (2002) which resolved, in paragraph 9:
“In their fight against terrorism, Council of Europe members should not provide for
any derogations to the European Convention on Human Rights.”
In paragraph 12, it also called on all member States to:
“... refrain from using Article 15 of the European Convention on Human Rights
(derogation in time of emergency) to limit the rights and liberties guaranteed under its
Article 5 (right to liberty and security).”
Apart from the United Kingdom, no other member State chose to
derogate from Article 5 § 1 after 11 September 2001.
B. The Committee of Ministers of the Council of Europe
107. Following its meeting on 14 November 2001 to discuss
“Democracies facing terrorism” (CM/AS(2001) Rec 1534), the Committee
of Ministers adopted on 11 July 2002 “Guidelines on human rights and the
fight against terrorism”, which provided, inter alia:
“I. States’ obligation to protect everyone against terrorism
States are under the obligation to take the measures needed to protect the
fundamental rights of everyone within their jurisdiction against terrorist acts,
especially the right to life. This positive obligation fully justifies States’ fight against
terrorism in accordance with the present guidelines.
II. Prohibition of arbitrariness
All measures taken by States to fight terrorism must respect human rights and the
principle of the rule of law, while excluding any form of arbitrariness, as well as any
discriminatory or racist treatment, and must be subject to appropriate supervision.”
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