A/HRC/13/42*
page 133
(h) Victims of secret detention should be provided with judicial remedies and
reparation in accordance with relevant international norms.491 These international
standards recognize the right of victims to adequate, effective and prompt reparation,
which should be proportionate to the gravity of the violations and the harm suffered. As
families of disappeared persons have been recognized as victims under international law,
they should also benefit from rehabilitation and compensation;
(i) States should ratify and implement the International Covenant on Civil and
Political Rights and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. Given that the Optional Protocol to the Convention
against Torture requires the setting-up of monitoring systems covering all situations of
deprivation of liberty, adhering to this international instrument adds a layer of protection.
States should ratify the Optional Protocol and create independent national preventive
mechanisms that are in compliance with the Paris Principles (Principles relating to the
status of national institutions), and ratify the International Convention for the Protection
of All Persons from Enforced Disappearance. Other regional systems may wish to replicate
the system put in place by the Inter-American Convention on Forced Disappearance of
Persons;492
(j) Governments have an obligation to protect their citizens abroad and provide
consular protection to ensure that foreign States comply with their obligations under
international law, including international human rights law;
(k) Under international human rights law, States have the obligation to provide
witness protection. Doing so is indeed a precondition for effectively combating secret
detention.
491
Articles 2.3.and 9.5 of the International Covenant on Civil and Political Rights and article
14.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. See also the relevant standards contained in the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34), and the
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, adopted and proclaimed by the General Assembly in its resolution 60/147.
492
Article XIV stipulates that “when the Inter-American Commission on Human Rights receives
a petition or communication regarding an alleged forced disappearance, its Executive Secretariat
shall urgently and confidentially address the respective government, and shall request that
government to provide as soon as possible information as to the whereabouts of the allegedly
disappeared person together with any other information it considers pertinent, and such request
shall be without prejudice as to the admissibility of the petition.”
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