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In its decision in the case of X v. Germany (application no. 54646/17) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final.

Like the domestic courts, the European Court concluded that there were no substantial grounds for believing that the applicant, if deported to Moscow, would be exposed to a real risk of being subjected to treatment contrary to Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights as he had no connection with the conflicts in the Northern Caucasus. In particular, the Court saw no reason to depart from the domestic courts’ decisions, which had carefully weighed all the evidence and had made a comprehensive assessment of the applicant’s case.

Children have always been among the most vulnerable victims of violence and, at times, some of its brutal purveyors. They have played various roles in furthering violent extremism and participating in acts of violence, ranging from inciting propaganda online to carrying out deadly attacks. Rather than exceptionalizing these children, their treatment under the criminal justice system should be grounded in juvenile justice standards.

To advance the work of the Global Counterterrorism Forum (GCTF), the government of Australia commissioned the Global Center and the International Centre for Counter-Terrorism – The Hague (ICCT) to prepare a report and accompanying policy brief putting forward guiding principles, recommendations, and considerations for the detention, rehabilitation, and reintegration of juveniles convicted of terrorism and violent extremism offenses. Together, they advance a juvenile justice approach for authorities responsible for their care and support the notion that national security interests and juvenile justice imperatives are compatible and mutually reinforcing in preventing and countering violent extremism.

Responding to a call from the GCTF Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context to collect and collate information on children engaged in terrorism-related activity, the report takes stock of theory, policies, and practice globally. The recommendations draw from international juvenile justice standards, the emerging body of principles and practices in the detention of adult violent extremist offenders, and the national experiences in demobilizing and reintegrating child combatants and members of organized criminal groups.

The report elaborates on the Policy Brief that was formally adopted by the GCTF in December 2016. The policy brief was adapted for publication in EuroVista’s Probation and Community Justice Journal, available at http://euro-vista.org/.

With terrorist acts making the news almost every day, the threat of terrorism and the means to fight it are becoming a key concern for policy makers, law enforcement agencies and the population at large. Governments have a responsibility to protect those within their jurisdiction from terrorist attacks. However, any attempt to counter terrorism raises the question of its compatibility with international human rights law and standards. Often, government responses to fear of terrorism and radicalisation result in excessive measures that infringe human rights, be it through a vague or overbroad definition of terrorist acts or by granting excessive powers to law enforcement agencies. The Human Rights Council, in its resolution 31/30, recalls that “the objectives of countering terrorism and of the protection and promotion of human rights are not conflicting but complementary and mutually reinforcing”.

Terrorism has devastating consequences on civilians, often directly impacting the enjoyment of all human rights and fundamental freedoms. But the impact of terrorism and counter-terrorism measures on children are heightened on account of their age and the fact that they are simultaneously left out of the debates around preventing terrorism and radicalisation.  

This submission was made in response to the call for input for OHCHR's report on terrorism and human rights.