NEW YORK - Governments must stop the rampant abuse of administrative counter-terrorism measures, including where they are weaponised to stifle civil society, human rights defenders, journalists and political opponents, a UN expert warned today.
"Administrative measures, from security detention to listing individuals and groups as "terrorist", are proliferating globally. They profoundly affect many human rights and often have fewer due process and judicial protections than under the criminal law," said Ben Saul, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
"Without essential safeguards, they are ripe for abuse in democratic and authoritarian States alike. Their abuse also counter-productively undermines national security by fuelling grievances and alienation."
In his report to the General Assembly this week, Saul recommended best practices to protect human rights while using administrative measures.
The report sets out general principles to guide their responsible use before focusing on four common measures: (1) restrictive orders, such as limits on movement, communication and association, (2) listing of individuals and organisations as terrorist, to seize assets or criminalise behaviour, (3) administrative security detention, and (4) compulsory preventive interventions to reform behaviour.
"Given the risks involved, such measures should be only used exceptionally and where strictly necessary to prevent terrorism and proportionate to that aim, and applied on a non-discriminatory basis," the Special Rapporteur said.
"The grounds for issuing them must be clearly defined in law and based on an underlying definition of terrorism that meets international standards. Measures must also be time limited," he said.
The report calls for rigorous procedural safeguards, including adequate disclosure of evidence, accessible judicial review, and prompt and effective remedies, including compensation where rights have been violated.
"Administrative measures should not normally substitute for criminal prosecution where feasible or be misused to circumvent the stronger protections of criminal trials," Saul said.
The Special Rapporteur cautioned against imposing administrative measures based on unreliable risk assessment tools, including those powered by artificial intelligence.
The special needs of vulnerable groups must be taken into account, including persons with disabilities or mental health conditions, victims of terrorist groups and survivors of sexual and gender-based violence. Measures should only be exceptionally applied to children.
"Administrative security detention is particularly dangerous, since it can too easily enable arbitrary detention, enforced disappearances, torture and cruel, inhuman or degrading treatment or punishment, and arbitrary deprivation of life," the expert said.
"Recent abuses of administrative detention in armed conflicts are testament to these risks."
The Special Rapporteur stands ready to offer technical assistance to ensure administrative measures under national law comply with international standards.
