A/HRC/16/51 (a) The implications of any proposed or recent amendments or additions to the law relating to terrorism, including an opinion on whether these are compatible with international human rights and refugee law that is binding upon the State, as well as, when applicable, principles and provisions of international humanitarian law; (b) Whether the application in practice of the law relating to terrorism, during the period of review, has been compatible with international human rights and refugee law that is binding upon the State, as well as, when applicable, principles and provisions of international humanitarian law. D. Effective remedies for violations of human rights 22. It is vital that those whose rights have been violated by counter-terrorism law and practice have free access to seek effective remedies, including in respect of privatized counter-terrorist functions.36 It is widely acknowledged that any individual who believes that his or her rights have been infringed must be able to seek redress, and should be able to do so by bringing a complaint to a court or oversight institution, such as an ombudsman, human rights commission or national human rights institution.37 Remedial provisions should be framed in sufficiently broad terms so as to enable effective remedies to be provided according to the requirements of each particular case, including, for example, release from arbitrary detention, compensation and the exclusion of evidence obtained in violation of human rights. To be effective, remedies should be tailored to ensure that they are both appropriate and just. Although a single remedy might not entirely satisfy this, the aggregate of several remedies may do so.38 23. As a minimum safeguard for the provision of effective remedies, the Special Rapporteur formulates the template provision below as a best practice in the fight against terrorism: 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. E. Victims of terrorism 24. Addressing the rights of the victims of terrorism represents a best practice not just because it assists the victims of terrorism to rebuild their lives, but can also help to reduce tensions in society that might themselves result in conditions conducive to recruitment to terrorism. States are recognizing the need for victims of terrorism to be provided with legal status and with protection of their human rights at all times, including their rights to health, 36 37 38 12 See International Covenant on Civil and Political Rights, art. 2(3)(a); General Assembly resolution 64/168, para. 6 (n); Canada, Charter of Rights and Freedoms 1982, sect. 24; and United Kingdom, Human Rights Act, 1998, sect. 8. See also the questionnaire responses submitted by Bolivia (Plurinational State of), Finland, Latvia, Mauritius, Pakistan, Slovakia and Switzerland; and A/HRC/6/17/Add.4, paras. 38 and 59. A/HRC/14/46, practices 9 and 10, and para. 16. Silver v United Kingdom, 1983, ECHR 5, para. 113 (c).

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