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. 13

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