A/HRC/20/14
provision for the payment of State-funded compensation to the human victims of terrorism.
The Special Rapporteur recommends that all States now accept an obligation to establish
such a scheme for the victims of terrorism. In the context of transitional justice, broader
reparation programmes have been established to provide additional forms of reparation for
gross and systematic human rights violations committed in conflict situations. 89 The Special
Rapporteur believes that such schemes provide an appropriate model for affording full
reparation to the victims of terrorism, particularly where large scale or repeated terrorist
acts have resulted in large numbers of victims. Several States have adopted a model for
compensating victims of terrorism that closely resembles existing compensation schemes
for military and civilian victims of war. Such programmes are specifically tailored to meet
the needs of the victims and designed in a manner that encourages their participation.90
58.
While the primary responsibility for compensating the victims of terrorism rests on
the State, dependants of deceased victims are sometimes able to make claims under a life
insurance policy. However, such claims have often been refused under policy exclusions
for deaths resulting from an act of terrorism. States should actively consider whether to
legislate to prohibit the sale or marketing of life insurance policies that contain such an
exclusion.91
59.
In the report on his mission to Turkey, the previous mandate holder commended the
Act on Compensation for Victims of Terrorism (A/HRC/4/26/Add.2, paras. 40, 44, 92 (a)
and (b)). During his visit to the United States, he underlined the importance of addressing
the situation of victims of terrorism with appropriate compensation and access to health
care and rehabilitation (A/HRC/6/17/Add.3, para. 43), and during his visit to Peru, he
welcomed the reparations plan established under Law No. 28592 (A/HRC/16/51/Add.3,
para. 7).
60.
The Special Rapporteur commends the legislation recently adopted in Spain as a
model for the recognition of the rights of victims of terrorism in a single normative
framework. Under Law No. 29/2011 on the Recognition and Integral Protection of the
Victims of Acts of Terrorism, Spain has enacted a unified scheme setting out the assistance,
support and protection to which victims of terrorism are entitled. The Law expressly
recognizes all victims of terrorism as being victims of human rights violations, irrespective
of questions of State responsibility.
61.
The contemporary recognition that acts of terrorism involve grave human rights
violations; the State's duty to protect and secure the right to life; the emerging international
consensus in favour of a victim-centred approach; the absence of any alternative source of
compensation or reparation; and the inexorable connection between the misguided
motivation of the terrorist and the policies of the State that is the terrorists’ ultimate target,
together provide a sound rationale for recognizing an obligation on the State to provide
compensation and reparation to the victims of all acts of terrorism occurring on their
territory, without imposing on the victims the added burden of proving State
responsibility.92
62.
The previous mandate holder identified an obligation on States to provide victims of
terrorism with “legal, medical, psychological and other assistance required for their social
89
91
See Rianne Letschert, Ines Staiger and Anthony Pemberton (eds.) (footnote 11 above), pp. 254-259.
UNODC, The Criminal Justice Response (see footnote 87 above), para. 68; for national practice and
legislation, see paras. 306-372.
See Council of Europe, Committee of Ministers’ Guidelines on the Protection of Victims of Terrorist
Acts; also Rianne Letschert and Antony Pemberton, “Addressing the needs of victims of terrorism in
the OSCE region,” Security and Human Rights, vol. 19, No. 4, November 2008, pp. 298-310.
92
UNODC, The Criminal Justice Response (see footnote 90 above), para. 293.
90
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents