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TERRORISM AND HUMAN RIGHTS
Submitted by: Neeraj Chhabra
Submitted To: Prof. YSR Murthy
CONTENTS
Page
Introduction......................... 1
I. Human Rights and Terrorism...............
[Link] are Human Rights? ................ 3
B. What is Terrorism? ................... 3
C. The Impact oI Terrorism on Human Rights ........... 4
II. Specific Human Rights Challenges.............
A. Right to LiIe.................... 5
B. Challenges to the absolute prohibition against torture.... 5
C. TransIer oI individuals suspected oI terrorist activity..... 5
D. Liberty and security oI the person............ 6
E. ProIiling and the principle oI non-discrimination...... 6
F. Due process and the right to a Iair trial.......... 6
G. The principle oI legality and the deIinition oI terrorism..... 7
H. Freedom oI expression and the prohibition oI incitement to
terrorism....................... 7
I. Surveillance, data protection and the right to privacy....... 7
J. Economic, social and cultural rights........... 8
Anti-Terrorism Laws in India and their Implementation....... 8
Conclusion........................... 9
Introduction:
This research paper deals with the issues oI Terrorism and Human Rights which is
a big issue in the world. World has a long history oI terrorist attacks. There is a
mass killing by the terrorists in the world which violates the basic and Iundamental
human rights. Terrorism is not new to the world and to India. Terrorism is not an
issue oI analysis but an issue oI eradication. Why it is being given a religion, a
country or a motive? When there is a terrorist attack, thousands oI people lose their
liIe; every human right is lost in blood.
Human rights and terrorism are poles apart. By no stretch oI imagination, terrorists
can claim "human rights", Ior they snatch away "human rights" oI their victims,
nationally and internationally. Surely, human rights have emerged as an issue oI
global concern. Terrorism, on the other hand, has become the worst Ieature oI
contemporary liIe. Terrorism is the greatest threat to civilized society. Terrorists
are enemy No. 1 oI "law and order". They Ianatically believe in disorder, anarchy,
and things like that, pinning their Iaith in the "law oI jungle". They have no
conscience. They are conscience-killers. They trample under their Ieet all that are
Iine in human society & Culture, human civilization, human values and human
existence. They are anti-thesis oI an orderly society based on the "rule oI law."
1
India has a long history oI terrorist attacks involving Hindus and Sikhs. Sikh
militancy in Punjab killed thousands in 1980s. The Government response to the
movement culminated in an attack on Golden Temple in which hundreds oI army
men and Sikh militants were killed. There have been separatist movements in
Eastern India that led to killing oI thousands oI people in terrorist attacks.
Naxalites have been killing people in several parts oI India Ior almost halI a
century.
2
The biggest seat oI terrorist violence in the recent history has been Sri Lanka,
where Hindu Tamils have been involved in terrorism Ior more than two decades;
about one hundred thousand persons have become victims oI this violence. In
Nepal, Maoists have slaughtered several thousands in recent years. Maoists have
more than 30000 Iighters in their ranks and 100,000 oI sympathizers. Apart Irom
these, leItist elements have a long history oI guerrilla attacks in several parts oI the
T. N. Rastogi, Human rights and terrorism are poles apart, THE FREE PRESS JOURNAL (May 26, 1997), available
at [Link]
2
Mike Ghouse, Terrorism Statistics, TERRORISM COUNTER (Sep. 19, 2007), available at
[Link]
world.
3
Also, there are many terrorist attacks in a particular country like India.
AIter terrorist attacks its impact is so worst on the human beings who aIIect their
lives and their way oI living like aIter 9/11 attack in United States oI America. In
US, the way oI looking towards Muslims. They were stopped by the security
agencies and police oIIicers at public places and also Muslim community harassed
by Americans by treating badly, Muslim children also suIIered because oI that.
hat are Human Rights?
Human rights are rights inherent to all human beings, whatever our nationality,
place oI residence, sex, national or ethnic origin, color, religion, language, or any
other status. We are all equally entitled to our human rights without discrimination.
These rights are all interrelated, interdependent and indivisible.
4
Universal human rights are oIten expressed and guaranteed by law, in the Iorms oI
treaties, customary international law, general principles and other sources oI
international law. International human rights law lays down obligations oI
Governments to act in certain ways or to reIrain Irom certain acts, in order to
promote and protect human rights and Iundamental Ireedoms oI individuals or
groups.
5
hat is Terrorism?
Though 13 international conventions related to terrorism have been adopted by
UN, there is no consensus yet on the deIinition oI terrorism.
Terrorism is actually comes Irom the Latin word 'Fear. Terrorism is commonly
understood to reIer to acts oI violence that target civilians in the pursuit oI political
or ideological aims. In legal terms, although the international community has yet to
adopt a comprehensive deIinition oI terrorism, existing declarations, and
resolutions and universal 'sectoral treaties relating to speciIic aspects oI it deIine
certain acts and core elements.
6
3
d.
4
What are human rights? available at, [Link] (visited on
Nov. 10, 2011).
5
d.
6
OIIice oI the United Nations High Commissioner Ior Human Rights, Human Rights, Terrorism and Counter-
terrorism, Fact Sheet no. 32 (Dec. 2007), 5, available at
[Link]
The Security Council, in its resolution 1566 (2004), reIerred to 'criminal acts,
including against civilians, committed with the intent to cause death or serious
bodily injury, or taking oI hostages, with the purpose to provoke a state oI terror in
the general public or in a group oI persons or particular persons, intimidate a
population or compel a Government or an international organization to do or to
abstain Irom doing any act.
7
Impact of Terrorism on Human Rights
The destructive impact oI terrorism on human rights and security has been
recognized at the highest level oI the United Nations, notably by the Security
Council, the General Assembly, the Iormer Commission on Human Rights and the
new Human Rights Council.
8
SpeciIically, Member States have set out that
Terrorism:
O Threatens the dignity and security oI human beings everywhere, endangers or
takes innocent lives, creates an environment that destroys the Ireedom Irom
Iear oI the people, jeopardizes Iundamental Ireedoms, and aims at the
destruction oI human rights;
9
O Has an adverse eIIect on the establishment oI the rule oI law, undermines
pluralistic civil society, aims at the destruction oI the democratic bases oI
society, and destabilizes legitimately constituted Governments;
10
O Has links with transnational organized crime, drug traIIicking, money-
laundering and traIIicking in arms, as well as illegal transIers oI nuclear,
chemical and biological materials, and is linked to the consequent
commission oI serious crimes such as murder, extortion, kidnapping, assault,
hostage-taking and robbery;
11
O Has adverse consequences Ior the economic and social development oI
States, jeopardizes Iriendly relations among States, and has a pernicious
impact on relations oI cooperation among States, including cooperation Ior
development; and
12
O Threatens the territorial integrity and security oI States, constitutes a grave
violation oI the purpose and principles oI the United Nations, is a threat to
7
d. at 6.
8
d. at 7.
9
d.
10
d.
11
d.
12
d. at 8.
international peace and security, and must be suppressed as an essential
element Ior the maintenance oI international peace and security.
13
Specific Human Rights Challenges in the context of Terrorism and Counter-
Terrorism
[Link] to Life
Both International and regional human rights law recognize the right and duty oI
states to protect the individuals subject to their jurisdiction. Some oI the measures
that states have adopted to protect individuals Irom acts oI terrorism have
themselves posed grave challenges to the right to liIe.
14
. Challenges to the absolute prohibition against torture
The prohibition oI torture and other cruel, inhuman or degrading treatment does
not yield to the threat posed by terrorism or to the alleged danger posed by an
individual to the security oI a State. In practice, however, States have oIten
adopted policies and methods to conIront terrorism that, in eIIect, circumvent and
undermine this absolute prohibition.
15
Regarding conditions oI detention, practices such as the use oI secret and
incommunicado detention, as well as prolonged solitary conIinement and similar
measures aimed at causing stress, may amount to torture, cruel, inhuman or
degrading treatment.
16
States must ensure that the Iull range oI legal and practical saIeguards to prevent
torture is available, including guarantees related to the right to personal liberty and
security, and to due process rights. These are, Ior instance, the right Ior anyone
arrested or detained on criminal charges to be brought promptly beIore a judge and
to be tried within a reasonable amount oI time or to be released.
17
[Link] of individuals suspected of terrorist activity
States have an obligation to conduct any transIer oI detainees in a manner which is
transparent and consistent with human rights and the rule oI law, including the
13
d.
14
d. at 30.
15
d. at 32.
16
d.
17
d. at 33.
right to respect Ior a person`s inherent dignity, the right oI everyone to recognition
beIore the law and the right to due process.
18
National authorities have an obligation to prevent human rights abuses and to
actively investigate and prosecute any allegation oI practices which may involve
the transIer or detention oI individuals in a manner inconsistent with their
obligations under international law. Particularly since 11 September 2001, some
States have reportedly extradited, expelled, deported or otherwise transIerred
Ioreign nationals, some oI them asylum-seekers, suspected oI terrorism to their
country oI origin or to other countries where they allegedly Iace a risk oI torture or
ill-treatment, in violation oI the principle oI non-reIoulement.
19
[Link] and security of the person
All persons are protected against the unlawIul or arbitrary interIerence with their
liberty. This protection is applicable in the context oI criminal proceedings, as well
as other areas in which the State might aIIect the liberty oI persons.
20
Adherence to
due process and the right to a Iair hearing are essential Ior the proper saIeguarding
oI a person`s liberty and security.
21
E. Profiling and the principle of non-discrimination
The principles oI equality and non-discrimination are central to human rights law
and are recognized as norms oI jus cogens. The Inter-American Court oI Human
Rights, Ior example, has stated that 'the principle oI equality beIore the law, equal
protection beIore the law and non-discrimination belong to jus cogens, because the
whole legal structure oI national and international public order rests on it and it is a
principle that permeates all law.
22
. Due process and the right to a fair trial
Guaranteeing due process rights, including Ior individuals suspected oI terrorist
activity, is critical Ior ensuring that anti-terrorism measures are eIIective and
respect the rule oI law. The human rights protections Ior all persons charged with
criminal oIIences, including terrorism-related crimes, include the right to be
presumed innocent, the right to a hearing with due guarantees and within a
reasonable time, by a competent, independent and impartial tribunal, and the right
18
d.
19
d. at 34.
20
d. at 36.
21
d. at 37.
22
d.
to have a conviction and sentence reviewed by a higher tribunal satisIying the same
standards.
23
In July 2007, the Human Rights Committee adopted general comment N 32,
revising its general comment on article 14 oI the International Covenant on Civil
and Political Rights on the right to a Iair trial and equality beIore the courts and
tribunals.
24
[Link] principle of legality and the definition of terrorism
The existing international legal Iramework on counter-terrorism sets out
obligations in relation to terrorism, without providing a comprehensive deIinition
oI the term. Calls by the international community to combat terrorism, without
deIining the term, might be understood as leaving it to individual States to deIine
what is meant by it. This carries the potential Ior unintended human rights abuses
and even the deliberate misuse oI the term.
25
[Link] of expression and the prohibition of incitement to terrorism
Incitement to terrorism is a strategy commonly used by terrorist organizations to
Iurther support Ior their cause and call Ior violent action. The Security Council has
identiIied it as conduct which is contrary to the purposes and principles oI the
United Nations and called on States to adopt measures to prohibit and prevent it.
Proscribing incitement to terrorism is integral to the protection oI national security
and public order, which are both set out as legitimate grounds Ior limiting Ireedom
oI expression in article 19 (3) oI the International Covenant on Civil and Political
Rights.
26
I. Surveillance, data protection and the right to privacy
Article 17 oI the International Covenant on Civil and Political Rights prohibits
States parties Irom interIering with the privacy oI those within their jurisdiction
and requires them to protect those persons by law against arbitrary or unlawIul
interIerence with their privacy. Privacy includes inIormation about an individual`s
identity, as well as the private liIe oI the person.
27
23
d. at 38.
24
d.
25
d. at 39.
26
d. at 42.
27
d. at 45.
Most States have stepped up security at airports and other places oI transit, Ior
instance by collecting biometric data Irom passengers (such as eye scans and
Iingerprints), photographs, passport details and the like. States have Ior a long time
provided their security intelligence services with powers oI surveillance, including
wiretapping and the use oI tracking devices. Some States have signiIicantly
extended these surveillance powers in recent years. All oI these practices involve
the collection oI inIormation about a person. They thereIore limit the privacy oI
such persons, as well as raising questions about how the data are to be protected.
InterIerence with privacy also arises in the security screening and searching oI
persons.
28
. Economic, social and cultural rights
SpeciIic counter-terrorism measures may also have a direct impact on the
enjoyment oI economic, social and cultural rights. For example, targeted sanctions
against individuals suspected oI involvement in terrorist activity, such as Ireezing
their Iinancial assets or imposing travel restrictions on them, may be an eIIective
means Ior tracking, and even preventing, terrorist activity.
29
Targeted sanctions which result in Ireezing assets, imposing travel bans and other
restrictions may also have serious consequences Ior the ability oI the aIIected
individuals and their Iamilies to enjoy economic and social rights, as their access to
education and employment may be severely restricted. The eIIective use oI
humanitarian exemptions may be one important means Ior limiting the negative
impact oI targeted sanctions on the enjoyment oI economic, social and cultural
rights.
30
Anti-Terrorism Laws in India and their Implementation:
India has had and continues to have a veritable spectrum oI draconian laws that
are supposedly aimed at stopping terrorism but are used eIIectively by state agents
to abuse human rights. These laws include the Maintenance oI Internal Security
Act (MISA), Terrorist and Disruptive Activities (Prevention) Act (TADA),
Prevention oI Terrorism Act (POTA), the Disturbed Areas Act (DAA), and the
Armed Forces Special Powers Act (AFSPA), the Assam Preventive Detention Act,
National Security Act, Essential Services Maintenance Act and the Armed Forces
(Jammu and Kashmir) Special Powers Act (1990). While these laws are
28
d.
29
d. at 47.
30
d.
implemented all over India, they have the most deplorable eIIects on the human
rights oI minorities, vulnerable communities in areas where people have opposed
these laws.
31
Antiterrorism laws have been instituted by India and implemented in an extremely
harsh manner. According to the Association oI the Bar oI New York`s Committee
on International Human Rights, enIorcement oI these laws has varied widely Irom
state to state, Iacilitating arbitrary and selective enIorcement on the basis oI
religion, caste, and tribal status; violations oI protected speech and associational
activities; prosecution oI ordinary crimes as terrorism related oIIenses; and severe
police misconduct and abuse, including torture, in most states, prolonged detention
without charge or trial appears to have been the norm, rather than the limited
exception.
32
Conclusion:
According to me the main cause oI terrorism in India is the overpopulation, but to
see it in broader way there are many causes as well such as political causes,
economic causes, ethnic and religious causes. Among these economic causes there
are other Iactors which are aIIecting as a whole like unemployment, education,
poverty etc. which are interrelated to each other.
Strong anti-terrorist measures and methods which are employed as part oI counter
terrorism, the end result is what is normally a phrase used in areas aIIected by
terrorism, a sense oI alienation. When security Iorces act, the kind oI propaganda
which builds up results in alienation oI people.
33
So we should stand together to
Iight a common problem but what could be done to encounter terrorism at national
and international level carried or being carried out by individual, group or by any
state? Answer is diIIicult and varies person-to-person. But we have to overcome
the problem oI terrorism; we wish to see a world Iree oI terrorists.
34
Let us step together:
1) To Iind a commonly agreed deIinition oI terrorism by individual, by group/s
and by any state diIIerently.
35
mpact of Anti-Terrorism Laws on the enfoyment of Human Rights in ndia, available at [Link]
[Link]/IMG/pdI/[Link]
d.
33
Saurabh Dhawan, Terrorism And Human Rights: Role OI The Security Personnel And The Police (Aug. 30,
2008), available at [Link]
34
Md. Nur Khan, Impact oI Terrorism and Counter terrorism on Human Rights (Feb., 2007), 6, available at
[Link]
35
d.
2) To identiIy route cause (social/political/economic deprivation or oppression)
at national or international level to address the issue properly.
36
3) To consider this problem as national & regional humanitarian crisis and try
to solve that way; not to combat but take the issue on the table oI discussion
& negotiation.
37
4) Blaming a Iaith / religion may be counter-productive and don`t mix up
Iundamentalism with terrorism.
38
5) To establish eIIective net-work and cooperation against terrorism to share
study/research/reporting on similar movements in the region, particularly
links & network similar parties, militant groups in the region and outside say
Saudi Arabia, Egypt, AIghanistan, Indonesia, etc.
39
6) To monitor and evaluate existing education curriculum/system, link and
network oI every religious school, those are mostly used as motivational and
recruiting centers.
40
7) To identiIy and break the network Ior Iinancial transactions/support and
supply oI arms to terrorist or militant groups.
41
8) Try to solve each and every national or international problems/issues
through dialogue and discussion, instead oI use or a threat oI using Iorce.
42
36
d.
37
d.
38
d.
39
d.
40
d.
41
d.
42
d