A/HRC/13/36
complaint is available and that it provide the appropriate relief.35 The procedural aspect of
upholding accountability and reducing impunity for States’ human rights violations36 is
access to justice, including proper judicial review, and the existence of remedies, including
adequate reparation for the victims. An independent judicial review by States of counterterrorism measures undertaken, including those affecting human rights, serves to ascertain
their proportionality, effectiveness and legitimacy.37
43.
The Human Rights Committee has stressed that the acquisition, development and
use of information on terrorist groups and their activities must be in conformity with the
International Covenant on Civil and Political Rights.38 While implementing the United
Nations targeted sanctions, such as asset freezing and travel bans against individuals
suspected of involvement in terrorist activities, it is necessary to ensure that those victims
of wrong listing or listing which violated their rights should be also compensated within the
same established set of rules.39
44.
According to the Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power,40 victims include “persons who, individually or collectively, have suffered
harm, including physical or mental injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or omissions that are in violation of
criminal laws operative within Member States, including those laws proscribing criminal
abuse of power”. In the Declaration, it is noted that an individual may be considered a
victim “regardless of whether the perpetrator is identified, apprehended, prosecuted or
convicted and regardless of the familial relationship between the perpetrator and the
victim”.
45.
In light of frequent shortcomings with respect to victims in domestic jurisdictions,
guidelines should be adopted by States to provide victims of counter-terrorism measures
that may violate human rights with urgent assistance for their material and psychiatric
needs, as well as long-term assistance, including medical and psychological follow-up.
Such guidelines should also grant effective access to justice and ensure that evidentiary
privileges are not an obstacle to transparency in the conduct of investigations and access to
legal remedies.
46.
Human rights principles and guidelines that would comprehensively address victims
of counter-terrorism deserve serious consideration, by drawing on national and international
best practice and based on 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 (Basic Principles and Guidelines),41
35
36
37
38
39
40
41
16
Jonathan Cooper, Countering Terrorism, Protecting Human Rights: A Manual (Warsaw, OSCE
Office for Democratic Institutions and Human Rights, 2007), pp. 62–63.
See general comment No. 31, para. 15. See also Committee on the Elimination of Discrimination
against Women, general recommendation No. 19, Violence against women, 9 January 1992, para. 24
(t), in which it was held that effective protection included effective legal measures, including penal
sanctions, civil remedies and compensatory remedies, preventive measures and protective measures.
Committee against Torture, conclusions and recommendations on Egypt, 23 December 2002
(CAT/C/CR/29/4) para. 6 (c); conclusions and recommendations on Cambodia, 27 May 2003
(CAT/C/CR/30/2) para. 7 (d).
See CCPR/CO/77/EST, para. 8, CCPR/CO/75/NZL, para. 11, CCPR/CO/76/EGY, para. 16,
CCPR/CO/75/MDA, para. 8, CCPR/CO/75/YEM, para. 18, CCPR/CO/73/UK, para. 6,
CCPR/CO/83/UZB, para. 18, and CCPR/C/NOR/CO/5, para. 9.
Communication No. 1472/2006, Sayadi and Vinck v. Belgium, 22 October 2008.
Adopted by the General Assembly in resolution 40/34 of 29 November 1985.
General Assembly resolution 60/147, annex.
GE.10-10442
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents