A/HRC/20/14
the Covenant.75 States should therefore ensure that they have the means available to protect
informants and witnesses through the adoption of suitably tailored protective measures.
Such measures are not only a part of the State's positive obligations towards the witness,
they are also indispensable in encouraging witnesses to come forward in the first place.
43.
Criminal proceedings, including any ordinary appeal procedures, should be
conducted with reasonable expedition, as required by article 14 of the Covenant. Not only
does this guarantee the right of the accused to a trial within a reasonable time, it also avoids
prolonging the agony of uncertainty for the victim or his/her next-of-kin.
44.
Where, following an investigation into an act of terrorism, a criminal prosecution is
not initiated the competent prosecuting authority must give reasons for its decision.76 States
should allow victims to challenge any such decision before an independent court or tribunal
or other comparable authority.77
45.
The right of victims of terrorism to privacy and respect for their family life should
be protected against unjustified intrusion. In some circumstances, victims and their families
may need to be protected against over-exposure to the media.78 Medical and other personal
information may also need to be protected from unnecessary disclosure to the public in the
course of criminal proceedings.79
C.
The right of victims of terrorism to form representative organizations
46.
Non-governmental organizations have been established in a number of countries
with the aim of promoting the interests of victims of terrorism.80 Such organizations
perform a vital role in ensuring that the needs of the victims are properly understood and
communicated. They are to be applauded for their efforts in advocating the cause of the
victim by helping to personalize and convey the human tragedies that terrorism inflicts.
47.
Organizations representing victims of terrorism enjoy the rights to freedom of
association and expression under articles 19 and 22 of the Covenant, including the right to
articulate criticism of public authorities. Any State interference with the unfettered exercise
of those rights (including requirements for official registration) must be prescribed by law,
pursue a legitimate public interest, and be strictly proportionate in scope.81 Such
organizations should have unimpeded access to an independent and impartial court or
tribunal with power to overturn the restriction.
48.
States must also secure the rights of organizations representing victims of terrorism
against unlawful interference by non-State actors.82 Where necessary, such organizations
must be afforded effective measures of protection against the risk of reprisals from the
perpetrators of acts of terrorism, or their supporters, as well as against any attempt, from
any quarter, to intimidate or silence them.
75
76
77
78
79
80
81
82
14
ECHR, Van Mechelen v. The Netherlands, nos. 21363/93, 21364/93, 21427/93, 22056/93, paras. 5665.
Divisional Court of England and Wales, R v. DPP ex parte Manning and Melbourne [2000] 3 WLR
463.
See Rianne Letschert, Ines Staiger and Antony Pemberton (eds.) (footnote 11 above), Tilburg
Declaration, recommendation V.3.
For national practice and legislation, see UNODC (footnote 73 above), paras. 235-291.
ECHR, Z v. Finland, no. 22009/93; Craxi (No. 2) v. Italy, no. 25337/94.
See for example Global Survivors Network (http://www.globalsn.net); European Network of
Associations of Victims of Terrorism (www.europeanvictims.net/).
Human Rights Committee, general comment no. 34 (2011), para. 34.
In the context of freedom of assembly, see ECHR, Plattform "Ärtze für das Leben" v. Austria, no.
10126/82, para. 32.
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