A/HRC/25/55 74. States should ensure prompt and independent investigation of all violations against defenders, and the prosecution of alleged perpetrators regardless of their status. They should also ensure for victims of violations access to just and effective remedies, including appropriate compensation. The provision of an effective remedy should be understood as access to judicial and administrative or quasi-judicial mechanisms. Investigation and prosecution should rest on an effective and independent judiciary. 75. States should also implement the interim measures of protection granted by international and regional human rights mechanisms to defenders. 76. Unfortunately, in many instances, weaknesses in the judicial system and flaws in the legal framework have deprived defenders of adequate tools for seeking and obtaining justice. Therefore, strengthening the judiciary and making sure that it can operate independently and effectively should be a priority for States. C. Strong, independent and effective national human rights institutions 77. As part of the institutional architecture of the State, the Special Rapporteur has underlined the key role that national human rights institutions can play in ensuring a safe and conducive environment for defenders (A/HRC/22/47). National human rights institutions that comply with the Paris Principles are in a unique position to guide and advise Governments on their human rights obligations, and ensure that international principles and standards are adequately incorporated into domestic law and mainstreamed into public policies. 78. During her mandate, the Special Rapporteur has on numerous occasions addressed violations against national institutions, their members and staff, ranging from attacks, threats and intimidation, to harassment and stigmatization in connection to their human rights work. She has expressed grave concern that such constraints and challenges can seriously undermine the independence, efficiency, credibility and impact of these institutions. She has also urged States to protect by law and publicly support national institutions, and their members and staff when necessary. 79. The Special Rapporteur has also emphasized that national human rights institutions can play a crucial role in the protection of human rights defenders. Evidence shows that when the mandate of national institutions includes competence to investigate complaints and provide effective protection, they can play a leading role in cases where States’ judicial systems are unable or unwilling to adjudicate on alleged violations against defenders. 80. The Special Rapporteur has also strongly recommended that national institutions have a designated focal point for human rights defenders with responsibility to monitor their situation, including risks to their security, and legal and other impediments to a safe and conducive environment for defenders. 81. The role of national institutions in monitoring legal and administrative frameworks which regulate the work of defenders was highlighted in Council resolution 22/6, adopted in March 2013. This landmark resolution underlines the important role of these institutions in monitoring existing and draft legislation, and informing States about the impact or potential impact of legislation on the work of defenders. 82. In addition, national institutions could play an important role in disseminating information about protection programmes for defenders, where they exist, and ensuring that defenders are closely involved in the design, implementation and evaluation thereof. 83. The Special Rapporteur believes that, in order to ensure the credibility of the work of national institutions, Governments must be responsive and ensure adequate follow-up and implementation of their recommendations. This is particularly important given that 13

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