A/HRC/39/54 2. Individuals and legal persons and entities targeted (by targeted sanctions) but found not to have been given a chance to benefit from due process. The need for such mechanisms stems from a number of multilateral human rights instruments such as the Universal Declaration of Human Rights (Articles 8 and 10), the International Covenant on Civil and Political Rights (Articles 2 and 14 (1)), the Convention on the Rights of the Child (Article 39), the International Convention on the Elimination of All Forms of Racial Discrimination (Article 6) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Article 14). Where it is found to prevail, the lack of effective mechanisms for the judicial review of unilateral sanctions measures, and remedies and redress for victims as appropriate, should be addressed without delay to the extent that such situation amounts to a denial of justice. (e) The basic components of the requirement of due process in relation to unilateral coercive measures, pending their total elimination, shall be the following: (i) Mechanisms and procedures for judicial review of unilateral coercive measures: 1. The factual and legal grounds for the measures have to be disclosed to the concerned parties; 2. The availability of, and the mechanisms and procedures for, a right to appeal/judicial review, should be made known to the targeted parties upon notification to the concerned parties; 3. Such mechanisms and procedures should allow for a review of the substantive factual and legal grounds for the unilateral coercive measures, in accordance with international law and international humanitarian law, as well as in compliance with internationally recognized procedural standards; 4. Such mechanisms and procedures should be in place and available at the same level (either domestic or international [either regional organization or the United Nations]) as the source of the unilateral coercive measures concerned; in case of unavailability of procedures for remedies at the domestic level or at the level of a group of countries imposing sanctions, the targeted countries or persons should be entitled to seek remedies by the Committee of the treaty body concerned, i.e. CESCR; 5. Such mechanisms and procedures should be of a judicial nature or at least, for a transitional period, of the nature of an Ombudsperson or other quasijudicial mechanism. (ii) Notification of the measures to the parties concerned as soon as practicable, without affecting the effectiveness of the measures; (iii) Time-bound limitation of the measures, and biannual monitoring and review; (iv) Reversibility of the measures; (v) Appropriate humanitarian exceptions; (vi) A regular mechanism to monitor potential adverse impact and unintended consequences of these measures; and (vii) Availability of effective compensation/reparations (including financial) when unwarranted adverse impacts on human rights have occurred. 20

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