A/HRC/20/14
avenues of appeal. Professionals should brief victims or their next-of-kin as to their rights,
and direct them to institutions where they can obtain the required assistance. 67
38.
Depending on the specificities of the domestic criminal justice system, victims may
have standing to intervene in criminal proceedings. In some States, victim participation
may take the form of replacing the prosecutor, or providing assistance to the prosecution. In
others, victims may be allowed to participate as a third party. In yet other States, they are
permitted to submit “victim impact statements,” describing the effect of the alleged crime
and/or presenting their concerns independently of the prosecution. 68
39.
Generally, rights of victim participation are more extensively recognized in
inquisitorial systems than in adversarial systems.69 Any prosecution for terrorist-related
crime, however, involves a triangulation of interests between the accused, the victim and
the prosecutor. Making due allowance for the differences in national systems, the Special
Rapporteur strongly recommends that States which currently have no possibility for a
victim of terrorism, or his/her next-of-kin, to participate in criminal proceedings against the
perpetrator (other than as witnesses of fact) should give serious and urgent consideration to
implementing one or more of the initiatives described above.70 The Special Rapporteur
considers the formal recognition of victims of terrorism in criminal proceedings to be an
important part of recognizing the humanity of the victims, thereby publicly reinforcing the
human costs of terrorism.
40.
In addition to the requirement for a State-funded support service, legal aid or
assistance is often indispensable for ensuring that any victim, regardless of financial means,
can participate effectively in any judicial proceedings. 71 Where the victim group consists of
a large number of individuals, provision should be made, where appropriate, for their joint
representation by one legal professional or association. Victims and their families should
also have the right to free interpretation in a language they understand, irrespective of their
role in the proceedings.72
41.
Where the victims or next-of-kin reside in a State other than the State in which the
alleged offenders are prosecuted, the prosecuting State must make effective provision for
remote participation. The State in which the victim resides may also have obligations in this
regard.
42.
In order to avoid secondary victimization, States must ensure a victim-sensitive
criminal justice procedure. Where victims of terrorism have given information to the
authorities, or are called upon to provide testimony during a prosecution, their rights to life,
physical security and privacy may be in danger.73 States must “organise their criminal
proceedings in such a way that those interests are not unjustifiably imperilled,”74 subject
always to the need to put safeguards in place to ensure that any protective measures are
compatible with the accused person's right to a fair and public hearing under article 14 of
67
68
69
70
71
72
73
74
UNODC, The Criminal Justice Response to Support Victims of Acts of Terrorism (New York, 2011),
paras. 130–145.
Ibid.
Ibid., paras. 52-53
See the report of the Secretary-General’s Symposium on Supporting Victims of Terrorism, held in
New York in September 2008, available at http://www.un.org/terrorism/pdfs/UN%20Report%20on
%20Supporting%20Victims%20of%20Terrorism.pdf.
See European Union, Council Framework Decision of 15 March 2001 on the standing of victims in
criminal proceedings (2001/220/JHA), art. 4, paras. 1 and 2 (a)-(c), and art. 6.
For national practice and legislation, see UNODC, The Criminal Justice Response to Support Victims
of Acts of Terrorism (New York, 2011), paras. 146-226.
ECHR, Doorson v. The Netherlands, no. 20524/92.
Court of Appeal of England and Wales, A and others v. Lord Saville of Newdigate [2002] 1 WLR
1249; also House of Lords of the United Kingdom, In Re Officer L [2007] 1 WLR 2135.
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