A/HRC/15/33 8. Regional human rights treaties, such as the African Charter on Human and Peoples’ Rights,6 the American Convention on Human Rights7 and the European Convention for the Protection of Human Rights and Fundamental Freedoms8 do not contain explicit mention of States’ obligation to adopt specific measures to protect witnesses. 9. However, within the framework of international human rights law, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,9 the Convention on the Elimination of All Forms of Discrimination against Women,10 the Convention for the Protection of All Persons from Enforced Disappearance11 and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography12 make clear reference to States’ obligation to adopt specific measures to protect witnesses and victims. 10. References to the obligation to protect victims and witnesses can also be found in several key human rights instruments, such as the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,13 the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol),14 the updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity,15 and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.16 B. International criminal law framework 11. References to the protection of victims and witnesses can also be found in international law related to transnational organized crime. The United Nations Convention against Transnational Organized Crime17 and its two protocols, namely the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,18 and the Protocol against the Smuggling of Migrants by Land, Sea and Air,19 address the protection of victims and witnesses of organized crimes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6 OAU Document CAB/LEG/67/3 rev.5, 21 ILM 58 (1982). OAS Treaty Series No.36, 1144 UNTS 123. European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), ETS No. 5, 213 UNTS 22, entered into force on 3 September 1953. United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), article 13. In its Concluding Observations, the Committee on the Elimination of Discrimination against Women addressed witness protection under article 6 of Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). See A/57/38 (SUPP) (2002), paragraph 396; A/57/38 (SUPP) (2002), paragraph 50; A/57/38 (SUPP) (2002), paragraph 311; A/63/38(SUPP), 12/08/2008, paragraph 329; A/61/38(SUPP) 25/08/2006, paragraph 107. Convention for the Protection of All Persons from Enforced Disappearance (CED), article 12.4. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC), article 8.1(a). Declaration, paragraph 6(d). Istanbul Protocol, paragraph 3(b). UN Doc. E/CN.4/2005/102 (2005), Add.1, principle 10. UN Doc. A/RES/60/147, annex, paragraph III(5). UN Doc. A/RES/55/25, annex 1, articles 24, 25 and 26. Ibid., annex II, articles 6 and 7. Ibid., annex III, articles 5 and 16. GE.10-15173