A/HRC/19/38
consortium of research groups that had been requested by the European Commission in
2008 to conduct a study on the needs of victims of terrorism with the aim of identifying
possible reasons for the adoption of a specific recommendation relating to the rights of
victims of terrorism. The outcome of the analysis showed that the legal position of victims
of terrorism was largely identical to that of victims of violent crimes, but that additional
complexities may arise in implementing general victims’ rights in the context of
victimization by terrorist acts. The study demonstrated, for example, that the need for
compensation might not be different in kind when comparing victims of terrorism and
victims of crime. The assessment did not, however, rule out the possibility that the need
might be different in degree, for example regarding its urgency. As a result of the study, a
draft European Union recommendation for assistance to victims of acts of terrorism had
been prepared, in which a more extensive approach was suggested to include, inter alia,
provisions relating to psycho-social assistance, access to justice, compensation, information
strategies and access for victims of terrorism to restorative justice practices and procedures.
In addition, the draft recommendation called upon States to consider public inquiries in
order to give full and public disclosure of the background and circumstances of the terrorist
act, in addition to launching effective and independent criminal investigations. The draft
recommendation also envisaged that States should consider additional reparative measures,
such as commemorations and tributes to the victims or proper reburial of the bodies, in
addition to financial compensation.
9.
The Chief of the Specialized Terrorism Prevention Unit of the Terrorism Prevention
Branch of the United Nations Office on Drugs and Crime, Mr. Miedico, referred to General
Assembly resolution 64/168, in which the Assembly urged relevant United Nations bodies,
including the Office, within its mandate related to the prevention and suppression of
terrorism, to step up its efforts to provide, upon request, technical assistance for building
the capacity of Member States in the development and implementation of programmes of
assistance and support for victims of terrorism. To implement the resolution, the Office was
developing a publication to give special recognition to support for victims as a key
component of a successful domestic criminal justice system. Mr. Miedico noted the
importance of collecting best practices to support victims of terrorism, including legislative
measures and operational modalities. In this regard, he referred to the relevant human rights
of victims of terrorism, such as the rights to recognition and information, participation in
criminal proceedings, protection of security and privacy, compensation and assistance. Two
expert meetings formed the basis of the publication, which was meant to serve as training
material to build the capacity of criminal justice officials in their response to terrorism and
as a tool to assist Member States in the development of their national programmes of
assistance and support for victims of terrorism. Among the main issues dealt with by the
forthcoming publication, Mr. Miedico referred to an analysis of international and regional
standards on countering terrorism, the growing recognition of the role of victims in criminal
proceedings, the importance of sharing knowledge on national criminal justice provisions
and practices relating to support for victims, and the relevance of tailor-made assistance
within the criminal justice response in support for victims.
10.
Ms. Ertürk pointed to the importance of a broad understanding of the term
“victimhood”. She stated that the mandate of the Special Rapporteur on violence against
women contributed to this approach when it placed the right-holder at the centre of the
analysis. Ms. Ertürk emphasized that the Vienna Declaration and Programme of Action and
Security Council resolution 1325 (2000) had significantly expanded the consideration of
gender issues and allowed for a closer look at the relationship between, and the intersection
of the issues of terrorism and gender. In this connection, she expressed appreciation for the
gender perspective related to countering terrorism as elaborated by the Special Rapporteur
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