Protection of human rights and freedoms and the fight against terrorism

The possible international obligations of Bosnia and Herzegovina in the fight against international terrorism do not render ineffective the applicability of fundamental human rights and freedoms. As to the procedure of expulsion, that is, extradition of alleged terrorists, the Human Rights Chamber dealt with the conflict between the protection of human rights and freedoms, on the one hand, and requirements for an efficient fight against international terrorism, on the other hand, as a consequence of the 11 September 2001attack on the United States. In the case which served as the basis for the Application No. CH/02/8679 et al., Bosnia and Herzegovina attempted to justify the measures which are contrary to the Convention by stating that the state, in accordance with Resolution No. 1373 of the Security Council of the United Nations of 28 September 2001, is obliged to meet possible requests of the United States for the hand-over of persons suspected of terrorist activities; this obligation has priority under international law.⁵¹⁵

The significance of fundamental human rights and freedoms as part of the fight against terrorism, in the opinion of the Human Rights Chamber, arises from the Guidelines of the Committee of Ministers of the Council of Europe on Human Rights and the Fight against Terrorism of 15 July 2002. In its Guidelines, the Committee of Ministers of the Council of Europe, amongst other things, lays down directives for the procedures of extradition which are relevant in the fight against terrorism. According to them, extradition of a person into a country where he/she is threatened with the death penalty, torture, or inhuman or degrading treatment, is inadmissible. Extradition is possible only if a country which is to carry out the extradition has obtained beforehand the guarantee that the mentioned person will not be sentenced to death, or in the event that such a sentence has been passed, that the sentence will not be carried out.⁵¹⁶