Protection of human rights while countering terrorism – Sp. Rapporteur (Scheinin) – Report (excerpts)

Summary

Section II of the present report highlights the general activities of the Special Rapporteur since 1 January 2007 and also includes a summary of the official country visits he conducted to South Africa in April 2007, the United States of America in May 2007 and Israel in July 2007. In section III, the Special Rapporteur reflects upon some of the challenges to refugee law and asylum caused by global measures to counter terrorism. He examines issues such as pre-entry interception and screening measures related to border control; detention of asylum-seekers and shortcomings in securing court review of such detention; exclusion from refugee or other protection status; the application and non-derogability of the principle of non-refoulement; the return, repatriation or resettlement of rejected asylum-seekers, including persons detained for terrorism-related reasons; the use of so-called diplomatic assurances; and strengthening global responsibility for international protection as an inherent part of a comprehensive counter-terrorism strategy. The conclusions and recommendations are contained in section IV and include a number of specific recommendations to States regarding pre-entry and screening measures, compliance with international standards regarding detention of asylum-seekers, the obligation of non-derogation in respect of the principle of non-refoulement and States’ responsibilities regarding release, repatriation and resettlement of detainees held for terrorism-related reasons.