A/HRC/16/51
Practice 5. Model remedies provision
Any person whose human rights have been violated in the exercise of counterterrorism powers or the application of counter-terrorism law has a right to a speedy,
effective and enforceable remedy. Courts shall have the ultimate responsibility to ensure
that this right is effective.
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.
Practice 7. Model definition of terrorism
Terrorism means an action or attempted action where:
1.
The action:
(a)
Constituted the intentional taking of hostages; or
(b)
Is intended to cause death or serious bodily injury to one or
more members of the general population or segments of it; or
(c)
Involved lethal or serious physical violence against one or
more members of the general population or segments of it;
and
2.
the action is done or attempted with the intention of:
(a)
Provoking a state of terror in the general public or a segment of
it; or
(b)
Compelling a Government or international organization to do
or abstain from doing something;
and
3.
The action corresponds to:
(a)
the definition of a serious offence in national law, enacted for
the purpose of complying with international conventions and protocols
relating to terrorism or with resolutions of the Security Council relating to
terrorism; or
(b)
All elements of a serious crime defined by national law.
Practice 8. Model offence of incitement to terrorism
It is an offence to intentionally and unlawfully distribute, or otherwise make
available, a message to the public with the intent to incite the commission of a terrorist
offence, where such conduct, whether or not expressly advocating terrorist offences, causes
a danger that one or more such offences may be committed.
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