A/HRC/27/21 should never be, or feel they have been, manipulated, used or endangered by justice processes. Courtroom protection protocols, such as voice and image distortion, anonymity provisions, use of pseudonyms, protective screens and closed court sessions can play an important role in this context. Witness protection programmes should apply before and during the trial, but also after its conclusion, and there should be follow-up mechanisms in place to track witnesses post-trial. In some cases, relocation and provision of new identities may be necessary.44 Given the risk of witness identity being released, witnesses should be fully informed of the potential risk so that they are able to make an informed and autonomous choice about participation. 42. Victims and witnesses must also be protected from further traumatization. They should be provided with medical and psychological support, and children should receive specialist care and be called as witnesses only when their evidence is truly necessary. Judges, prosecutors, and lawyers must ensure that examinations and cross-examinations of victims are conducted respectfully and with sensitivity. The Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia provide that “a Chamber shall, whenever necessary, control the manner of questioning to avoid any harassment or intimidation” (rule 75 (D)). Victims and witnesses must also be adequately prepared for the detailed and personal questions they are likely to face, particularly given the strong social taboos around discussing gender-based and sexual violence.45 Where child victims are involved, special measures should be taken to ensure they understand the trial process, consistent with their evolving capacities.46 43. Criminal justice processes should not only protect, but also aim to empower victims and witnesses. At a minimum, victims and witnesses have the right to be regularly informed about the progress and ultimate outcome of the cases. Efforts should also be made to improve victim participation in prosecutions. For instance, the International Criminal Court provides for separate legal representation for victims, and victim participation in the pretrial, trial, sentencing and reparations phases. The Extraordinary Chambers in the Courts of Cambodia also provide for a victim participation process whereby victims who become party to the proceedings have the right to claim moral and collective reparations.47 VI. Reparations 44. International law establishes different forms of reparation to redress gross violations of human rights law and serious violations of humanitarian law, such as restitution, compensation, satisfaction, rehabilitation and guarantees of non-repetition.48 45. Reparation efforts have historically overlooked women and girls’ needs and concerns. However, there has been an increasing recognition in recent years of the need for, and potential of, gender-sensitive reparations. Progress has taken place at the conceptual level, with the Nairobi Declaration on Women’s and Girls’ Right to a Remedy and 44 45 46 47 48 Rule-of-Law Tools for Post-conflict States: Prosecution Initiatives (HR/PUB/06/4), pp. 19–20. See Binaifer Nowrojee, “We can do better: investigating and prosecuting international crimes of sexual violence” (2004). UNICEF, Children and Transitional Justice Key Principles Document: For the Involvement of Children and Consideration of Children’s Rights in Truth, Justice and Reconciliation Processes (2010), p. 3. A/HRC/18/23, para. 38. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, principle 18. 13

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