A-HRC-13-42

A/HRC/13/42
page 10
I. INTRODUCTION
1. The present joint study on global practices in relation to secret detention in the context of
countering terrorism was prepared by the Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on
Arbitrary Detention (represented by its Vice Chair), and the Working Group on Enforced and
Involuntary Disappearances (represented by its Chair).
2. The study was prepared within the mandates of the above-mentioned special procedures. In
particular, the Human Rights Council, in its resolution 6/28, requested the Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms while countering
terrorism to make concrete recommendations on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, and to work in close coordination with
other relevant bodies and mechanisms of the United Nations, in particular with other special
procedures of the Council, in order to strengthen the work for the promotion and protection of
human rights and fundamental freedoms while avoiding unnecessary duplication of efforts.
3. In its resolution 8/8, the Council requested the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment to study, in a comprehensive manner,
trends, developments and challenges in relation to combating and preventing torture and other
cruel, inhuman or degrading treatment or punishment, and to make recommendations and
observations concerning appropriate measures to prevent and eradicate such practices.
4. In its resolution 6/4, the Council requested the Working Group on Arbitrary Detention to
seek and receive information from Governments and intergovernmental and non-governmental
organizations, and receive information from the individuals concerned, their families or their
representatives relevant to its mandate, and to formulate deliberations on issues of a general
nature in order to assist States to prevent and guard against the practice of arbitrary deprivation
of liberty. Like other mandates, it was asked to work in coordination with other mechanisms of
the Council.
5. In its resolution 7/12, the Council requested the Working Group on Enforced or
Involuntary Disappearances to consider the question of impunity in the light of the relevant
provisions of the Declaration on the Protection of All Persons from Enforced Disappearances,
having in mind the set of principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II, and
E/CN.4/2005/102/Add.1), and to provide appropriate assistance in the implementation by States
of the Declaration and existing international rules.
6. In the above context, the four mandates endeavoured to address global practices in relation
to secret detention in counter-terrorism. In the joint study, they describe the international legal
framework applicable to secret detention and provide a historical overview of the use of secret
detention. The study addresses the use of secret detention in the context of the “global war on
terror” in the post-11 September 2001 period. To the extent possible, in order to demonstrate that
the practice of secret detention is regrettably not an uncommon one, it also highlights a number
of cases where it has been utilized in and by States from various geographical regions. Owing to
its global nature, the present study cannot be exhaustive but rather aims to highlight and illustrate