EU Presidency Statement - Question of the protection of human rights

I have the honour to speak on behalf of the European Union.

The EU, whilst condemning unequivocally all acts of terrorism as criminal and unjustifiable, strongly believes that efforts to combat terrorist acts must at all times be carried out with full respect for human rights and fundamental freedoms and in accordance with international human rights law.

The EU expresses concern for the issues mentioned in the draft resolution. Nevertheless, we are of the opinion that they can be more efficiently dealt with elsewhere.

The EU supports the resolution on the protection of human rights while countering terrorism introduced by Mexico both in the Commission on Human Rights and the Third Committee of the General Assembly. We note that this resolution is sponsored by many delegations. The EU warmly welcomes this year's CHR resolution 2004/87, which appointed an independent expert on the issue. ECOSOC has already approved the mandate of that expert in June. We also look forward to the study of the High Commissioner for Human Rights, assisted by the independent expert, as requested by General Assembly resolution 58/187, which is due to be submitted to the General Assembly later this year.

The EU believes that the resolution on the protection of human rights while countering terrorism introduced by Mexico is the appropriate basis for discussion of this issue and deals in a comprehensive manner with the protection of human rights while countering terrorism. Mexico, the EU and others have worked hard to make CHR resolution 2004/87 one which is acceptable to all. It is vital that we do not undermine or pre-empt this work by adopting a competing initiative that is limited in its scope, legally imprecise in the application of international human rights law and international humanitarian law, and does not provide an adequate basis on which to take any of these matters forward.

The European Union notes that draft resolution E/2004/L17 deals with important issues like torture and arbitrary detention.

The EU firmly adheres to the fundamental principle that torture can never be justified under any circumstances. Freedom from torture or other cruel, inhuman or degrading treatment or punishment is a non-derogable right and must be protected in all circumstances.

The issue of torture is being dealt with by the resolution on torture and other cruel inhuman or degrading treatment punishment introduced by Denmark in both the General Assembly (A/RES/58/164) and the Commission on Human Rights (2004/41). This resolution is sponsored by all member states of the EU.

The EU moreover recalls that, as stated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, everyone has the right to liberty and security of person, and no one should be subjected to arbitrary arrest or detention. The issue of arbitrary detention is dealt with in the resolution of the Commission on Human Rights on the question of arbitrary detention.

The EU strongly supports the work of the working group on arbitrary detention. The European Union is committed to co-operation with all of the procedures of the Commission on Human Rights to ensure that the fight against terrorism is conducted while protecting human rights and fundamental freedoms.

The EU accordingly prefers not to start a debate on these issues in ECOSOC, as they are the subject of thorough discussion and active follow-up elsewhere, in particular the Commission on Human Rights and the Third Committee of the General Assembly.

For these reasons, the European Union has decided to vote against this draft resolution.

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