A/HRC/16/51 legal assistance, justice, truth and adequate, effective and prompt reparation.39 Some countries allow for the proceeds of sale of terrorist property forfeited to the State to be used to compensate victims of terrorism.40 Supporting the victims of terrorism who have suffered serious violations of their basic rights includes the provision of material, legal and psychological assistance.41 Bringing the perpetrators of terrorist acts to justice is also vitally important.42 With the aim of building bridges between adversely affected groups, compensation to victims of counter-terrorism measures, as a potential remedy under practice 5, should be provided equally and through the same institutions and programmes as compensation to victims of terrorism. 25. The Special Rapporteur formulates the template provisions below as a best practice in the fight against terrorism: Practice 6. Model provisions on reparations and assistance to victims 1. Damage to natural or legal persons and their property resulting from an act of terrorism or acts committed in the name of countering terrorism shall be compensated through funds from the State budget, in accordance with international human rights law. 2. Natural persons who have suffered physical or other damage or who have suffered violations of their human rights as a result of an act of terrorism or acts committed in the name of countering terrorism shall be provided with additional legal, medical, psychological and other assistance required for their social rehabilitation through funds from the State budget. F. Definition of terrorism 26. Counter-terrorism laws, policies and practices must be limited to the countering of terrorism, as properly defined. The approach taken by most States is to link terrorist offences to a stand-alone definition of “terrorism”, a “terrorist act”, “terrorist activity” or similar terms. Such definitions are very often also linked to the listing of proscribed organizations (either in conjunction with, or as a supplement to, the Consolidated List of the United Nations); powers of arrest, questioning and investigation; alterations in the rules concerning detention and trial; and administrative measures, such as deportation procedures and the forfeiture of property. The adoption of overly broad definitions of terrorism therefore carries the potential for deliberate misuse of the term – including as a response to claims and social movements of indigenous peoples – as well as unintended human rights 39 40 41 42 - See General Assembly resolutions 60/288, annex, pillar I, and 64/168, para. 6 (n); and the statement by the President of the Security Council of 27 September 2010 (S/PRST/2010/19), tenth paragraph, para. 10. Some States have adopted specific provisions on the rights of victims of terrorism: Azerbaijan, Law on the Struggle against Terrorism 1999 (as amended in 2005), art. 13; Georgia, Law on Combating Terrorism 2007, art. 15. See also the questionnaire responses submitted by Colombia, Ethiopia, Greece, Mexico, Morocco, the Republic of Moldova and Spain. Other States rely on more generally applicable provisions concerning victims of crime: see questionnaire responses submitted by Australia, Bulgaria, Canada, Finland, Hungary, Indonesia, Japan, Latvia, Lithuania, Poland, Portugal, Qatar, Slovakia, Slovenia, Switzerland, the former Yugoslav Republic of Macedonia and the United Kingdom. Canada, Criminal Code 1985, sect. 83.14 (5.1). See A/HRC/10/3/Add.2, paras. 44-46 and S/2005/789 (2005), para. 31; Azerbaijan, Law on the Struggle against Terrorism 1999, op.cit., art. 13; Georgia, Law on Combating Terrorism 2007, art. 16. See General Assembly resolution 64/168, para. 6(n), and E/CN.4/2006/98, para. 66; questionnaire response submitted by Guatemala. 13

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