A/HRC/8/13
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6. Victims
52. Victims of terrorism and their families have the right to an effective remedy when their
rights have been violated in relation to terrorist acts. This legal right has also been recognized at
the political level. In the 2005 World Summit Outcome, for example, Member States stressed
“the importance of assisting victims of terrorism and of providing them and their families with
support to cope with their loss and their grief”. Similarly, the United Nations Global
Counter-Terrorism Strategy reflects the pledge by Member States to “promote international
solidarity in support of victims and foster the involvement of civil society in a global campaign
against terrorism and for its condemnation”.
53. Every State has a duty to provide reparation in case of a breach of the obligation under
international law to respect and to ensure respect for human rights and fundamental freedoms.
This obligation includes, inter alia, the duty to afford remedies to victims. The purpose of
reparation should be for relieving the suffering of and affording justice to victims by removing or
redressing to the extent possible the consequences of the wrongful acts and by preventing and
deterring violations.
54. According to the Declaration on Basic Principles of Justice for Victims of Crime and
Abuse of Power, set out in General Assembly resolution 40/34 of 29 November 1985, 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”. Importantly, the Declaration
notes 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”.
55. As a result of frequent shortcomings in domestic jurisdictions for victims of terrorist acts,
guidelines should be adopted to address issues of appropriate access to remedies in criminal and
civil proceedings. It is best practice for victims’ interests to be represented by legal counsel
during criminal proceedings, which should be available and accessible regardless of the income
or resources of victims and families. It may also be inappropriate and unfair to condition
compensation on victims’ ability to obtain reparations from perpetrators or their estates. It is
preferable for victims of terrorism to have the option to benefit from State-administered
compensation and assistance schemes. The assistance could be financial, psychological, medical
or in any other form that the victims wishes, and that such assistance should be long-term. A
number of elements can be explored in addressing the rights of victims. These include urgent
assistance for the material and psychiatric needs of victims, long-term assistance including
medical and psychological follow-up; the definition of a status for victims; respect for privacy
and family life of victims; effective access to justice for victims and the need to ensure that
evidentiary privileges are not an obstacle to transparency in the conduct of investigations and
access to legal remedies; the role of victims and victims’ associations in criminal justice; with
regard to reparations, the need to ensure equality and non-discrimination among victims; and the
right to justice and to truth.
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