A/HRC/34/30
victims, including the importance of victim support and protection as provided for in
Constitutions, national laws and regional directives.
49.
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power defines “victims” as:
“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.”79
A person 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”. The term “victim” may also include “the immediate family
or dependants of the direct victim and persons who have suffered harm in intervening to
assist victims in distress or to prevent victimization”. 80
50.
The Declaration outlines the minimum standards for the fair treatment of victims
according to the basic principles of justice. Victims should be treated with compassion and
respect for their dignity; be informed of their rights in seeking redress; have their views and
concerns presented in legal proceedings; receive proper assistance throughout the legal
process; be protected against intimidation and retaliation; have their privacy protected; be
offered the opportunity to participate in informal mechanisms for the resolution of disputes,
including mediation; enjoy restitution and compensation, as appropriate; and receive the
necessary material, medical, psychological and social assistance.
51.
Furthermore, 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 underscore the need for victims to be treated
with humanity and respect for their dignity and their human rights, and emphasize that
appropriate measures should be taken to protect their safety, physical and psychological
well-being and privacy, as well as those of their families. The remedies to be made
available to victims of violations of international human rights and humanitarian law are
also outlined. These include the victim’s right to equal and effective access to justice,
effective and prompt reparation for harm suffered, and access to relevant information
concerning the violations and reparation mechanisms. More specifically, the Basic
Principles and Guidelines outline States’ obligations to provide reparation to victims for
acts or omissions that may be attributed to the State and that constitute gross violations of
international human rights law or serious violations of international humanitarian law.
Furthermore, States should endeavour to establish national programmes for reparation and
other assistance to victims, if the parties liable for the harm suffered are unable or unwilling
to meet their obligations.81
52.
In her opening statement to a Human Rights Council panel discussion, held on 1
June 2011, the former High Commissioner for Human Rights highlighted that victims of
terrorist acts required immediate assistance and long-term medical and psychosocial
support, as well as financial aid. She emphasized that victims of terrorist acts should be
provided with information, in a timely, truthful and transparent manner, about the facts and
circumstances of the terrorist act and any ensuing investigations and judicial proceedings.
Victims should be given the opportunity to effectively participate in judicial proceedings
79
80
81
14
See General Assembly resolution 40/34, annex, para. 1.
Ibid., para. 2.
General Assembly resolution 60/147, annex, para. 16.
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