In its report to the Commission on Human Rights, the UN Working Group on Arbitrary Detention expressed its concern at the use of administrative detention and the recourse to emergency legislation diluting the right of habeas corpus or amparo and limiting the fundamental rights of persons detained in the context of the fight against terrorism. The Working Group reminded States that measures that restrict resort to judicial control of detainees suspected of terrorism-related activities should be strictly proportionate to the legitimate need to fight against terrorism. The group of experts stressed that States may not derogate from the right not to be detained incommunicado over prolonged periods of time, even where a threat to the life of the nation exists.

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