A/HRC/19/38
in developing programmes and providing Member States with technical legal and related
assistance concerning specialized thematic areas, including terrorism, supporting victims of
terrorism and building the capacity of criminal justice systems of Member States to bring
perpetrators of terrorist acts to justice.
B.
Regional and domestic practices for the protection of the human rights
of victims of terrorism
14.
During the panel discussion, many delegations emphasized that reparation to victims
of terrorism was a fundamental aspect of protecting and promoting their human rights, and
referred to practices at the regional and national levels.
15.
At the regional level, the Guidelines on the Protection of Victims of Terrorist Acts,
adopted by the Council of Europe in 2005, recognized the suffering endured by victims and
called for national and international solidarity and support. The Guidelines were further
endorsed by the 2005 Council of Europe Convention on the Prevention of Terrorism, the
first binding instrument in Europe to address the issue of the prevention of terrorism and to
contain a binding provision for States on protection, compensation and support for victims
of terrorism. Pointing to the challenge to enforce the standards in all its Member States, it
was highlighted that the Council of Europe had recently established a follow-up mechanism
on the implementation of the Convention. Furthermore, it was stressed that the Council of
Europe paid special attention to the right to recognition, the right to support and aid and the
right to reparation, while advocating for the protection of the human rights of victims of
terrorism.
16.
The protection of victims in criminal proceedings was addressed in a number of
European Union legislative instruments. It was noted that the Framework Decision on
combating terrorism adopted by the Council of the European Union in 2002 represented an
addition to the existing “general regime” on victims. It stipulated that “victims of terrorist
offences are vulnerable, and therefore specific measures are necessary with regard to
them.” The Decision also provided that “each Member State shall, if necessary, take all
measures possible to ensure appropriate assistance for victims’ families.” Under the
Framework, actions in support of victims include emergency assistance, continuing
assistance and support to victim involvement, investigation and prosecution, access to
justice, compensation and other reparative measures, restorative justice, protection of the
private and family life, protection of dignity and security, the provision of information to
victims and the public, and specific training for persons responsible for assisting victims.
Moreover, the relevance of support for community-based initiatives, including the
formation of groups of victims or relatives to stimulate mutual assistance, empower them
and strengthen solidarity in society, was underlined. In this connection, reference was made
to the Network of Associations of Victims of Terrorism, established by the European
Commission, and its work to enhance transnational cooperation among associations of
victims of terrorism and to increase the representation of victims’ interests at the European
Union level.
17.
In the light of the call of the Global Counter-Terrorism Strategy upon Member
States to put in place “on a voluntary basis, national systems of assistance that would
promote the needs of victims of terrorism and their families and facilitate normalization of
their lives”, delegations shared their experience at the domestic level.
18.
The representative of Turkey referred to the Law on the Compensation of Damages
that Occurred due to Terror and the Fight against Terrorism (2004), which lays down the
“principles and procedures for compensation of material damages suffered by persons due
to terrorist acts or activities undertaken during the fight against terror.” Damages
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