United Nations
General Assembly
A/RES/62/159
Distr.: General
11 March 2008
Sixty-second session
Agenda item 70 (b)
Resolution adopted by the General Assembly on 18 December 2007
[on the report of the Third Committee (A/62/439/Add.2)]
62/159. Protection of human rights and fundamental freedoms
while countering terrorism
The General Assembly,
Reaffirming the purposes and principles of the Charter of the United Nations,
Reaffirming also the fundamental importance, including in response to
terrorism and the fear of terrorism, of respecting all human rights and fundamental
freedoms and the rule of law,
Reaffirming further that States are under the obligation to protect all human
rights and fundamental freedoms of all persons,
Reiterating the important contribution of measures taken at all levels against
terrorism, consistent with international law, in particular international human rights
law and refugee and humanitarian law, to the functioning of democratic institutions
and the maintenance of peace and security and thereby to the full enjoyment of
human rights, as well as the need to continue this fight, including through
international cooperation and the strengthening of the role of the United Nations in
this respect,
Deeply deploring the occurrence of violations of human rights and
fundamental freedoms in the context of the fight against terrorism, as well as
violations of international refugee law and international humanitarian law,
Recognizing that respect for all human rights, respect for democracy and
respect for the rule of law are interrelated and mutually reinforcing,
Noting with concern measures that can undermine human rights and the rule of
law, such as the detention of persons suspected of acts of terrorism in the absence of
a legal basis for detention and due process guarantees, the deprivation of liberty that
amounts to placing a detained person outside the protection of the law, the trial of
suspects without fundamental judicial guarantees, the illegal deprivation of liberty
and transfer of individuals suspected of terrorist activities, and the return of suspects
to countries without individual assessment of the risk of there being substantial
grounds for believing that they would be in danger of subjection to torture, and
limitations to effective scrutiny of counter-terrorism measures,
07-47331