Centro de Documentação da PJ
Monografia
 CD241 |
Countering terrorism, protecting human rights [Documento electrónico] : a manual.- Warsaw : OSCE Office for Democratic Institutions and Human Rights (ODIHR), 2007.- 1 CD-ROM ; 12 cm
Ficheiro de 1,70 MB em formato PDF (264 p.).
ISBN 83-60190-49-6
TERRORISMO, SEGURANÇA PÚBLICA, PREVENÇÃO CRIMINAL, ORGANIZAÇÃO POLICIAL, DIREITOS DO HOMEM
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. 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. 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. Economic, social and cultural 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. Human rights within a state of emergency. 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. Other issues arising out of the right to life. 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. Protection from torture, inhuman and degrading treatment and punishment: how does it work? 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. Expulsion, deportation, rendering and extradition. 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. Prescribed by law. When detention is lawful. Detention for counter-terrorism purposes and the right to liberty. Access to a lawyer. 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. 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 how it works. The right to a fair trial in criminal proceedings. Specific guarantees in relation to criminal trials. Specific procedural safeguards in relation to criminal trials. Issues arising out of the right to a fair criminal trial. Fair-trial rights and counter-terrorism. The international framework on “blacklisting”, proscribing and asset freezing: UN and EU. Chapter 13. Evidence collection, surveillance, investigation techniques and the right to respect for private life. The concept of private life. Victims’ rights and privacy protections. Privacy and counter-terrorism. When is it proportionate to interfere with privacy rights? 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. Hate speech and related issues. Incitement, terrorism and the Internet. Right of access to information. Truth. Responsibilities. Restrictions on freedom of expression. Defamation. Journalists’ sources. Fair trial. Chapter 16. Freedom of association and the right to peaceful assembly. Peaceful assembly: overview and definition. The right of association. Restricting association. 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.