Final decisions adopted by the UN Human Rights Committee at its 99th session

Bogdan Dimkovich v. Russian Federation

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UN JOINS FORCES WITH PRIVATE SECTOR TO TACKLE TERRORIST USE OF INTERNET

22 February 2010 – The United Nations and the private sector, including Microsoft and other corporations, are joining forces to identify ways of combating the use of the Internet for terrorist purposes, including the recruitment of members and the organizing of terrorist acts.

The Working Group on Countering the Use of the Internet for Terrorist Purposes – part of the UN Counter-Terrorism Implementation Task Force (CTITF) – is holding talks at Microsoft’s headquarters, near the United States city of Seattle, with the company and others, including Symantec and McAfee, to examine technical issues surrounding the topic.

There is a high level of crime on the Internet, and “it is essential that you bring in the private sector, [which is] an essential partner in moving forward,” Richard Barrett, who co-chairs the Working Group, told the UN News Centre.

Member States have yet to agree on a precise definition of “terrorism.” This complicates discussions on possible legal frameworks to prevent or curtail terrorists’ use of the Internet due to the resulting questions over possible infringements on the freedom of speech and human rights, Mr. Barrett noted.

href=”https://www2.ohchr.org/english/bodies/hrcouncil/docs/10session/A.HRC.10.3.Add.1_EFS.pdf”>Reply from Goverment page 58 para 199 – 220

….202. The Constitution of the Russian Federation and the universally recognized principles and standards of international law establish the legal basis for countering terrorism. Relevant international legislative instruments include: the European Convention on the Suppression of Terrorism of 27 January 1977 (ratified on 7 August 2000 by Federal Act No. 121-FZ); the Shanghai Convention on Combating Terrorism, Separatism and Extremism (ratified on 10 January 2003 by Federal Act No. 3-FZ); and the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005 (ratified on 20 April 2006 by Federal Act No. 56-FZ)….

Thematic Reports

A/HRC/10/3 (04-02-2009): The role of intelligence agencies and their oversight in the fight against terrorism

A/63/223 (06-08-2008): Right to a fair trial in the context of prosecuting terrorist suspects.

A/HRC/6/17 (21-11-2007): Economic, social and cultural rights in the context of countering terrorism

A/62/263 (15-08-2007): Challenges to refugee protection caused by global measures to counter terrorism

A/HRC/4/26 (29-01-2007): Profiling in the context of countering terrorism + suicide attacks as a form of terrorism

A/61/267 (16-08-2006): Freedom of association and peaceful assembly and counter-terrorism

E/CN.4/2006/98 (28-12-2005): Definitions of terrorism + role of human rights in the review of Member State reports to the Counter-Terrorism Committee

A/60/370 (21-09-2005) Concise outline of the conceptual framework of the mandate

A/HRC/11/41/Add.2, (23 March 2009): Recommendations of the UN Special Rapporteur on the independence of judges and lawyers

The recommendations to the Russian government of the UN Special Rapporteur on the independence of judges and lawyers included:
· Introducing appropriate mechanisms for keeping accurate arrest and detention records by the police and an immediate obligation to notify the court about an arrest;
· Creating a legal obligation of the court to order an impartial and effective investigation into credible allegations of torture;
· Conducting an ongoing analysis of the impact of the 2007 creation of an Investigative Committee under the Prosecutor’s Office on the conduct of judicial proceedings and the quality of investigations by an independent entity;
· Conducting independent and impartial investigations into serious human rights  violations and making available effective domestic remedies so as to comply with international standards;
· Inviting relevant Special Procedures of the Human Rights Council to Russia to analyse the situation, including in the Northern Caucasus, and to make appropriate recommendations.

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The United Nations Human Rights Committee – General Comments
The Human Rights Committee publishes its interpretation of the content of human rights provisions, in the form of General Comments on thematic issues.

The Committee has issued the following General Comments: see here