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

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