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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