A/HRC/13/36 disclosure of materials to suspects must ensure they do so in conformity with their human rights obligations, in particular, with due process.28 40. Counter-terrorism measures that have an impact on the enjoyment of economic and social rights should also respect the principles of proportionality, effectiveness and legitimacy.29 Access to justice and the existence of remedies, including adequate reparation for the victims, are key to upholding the accountability of States and to reducing impunity for violations of economic, social and cultural rights. In the context of countering terrorism, evictions and house demolitions are sometimes used as forms of targeted punishment for residents who are suspected of supporting terrorist groups. Where this constitutes a form of collective punishment it is considered a gross violation of human rights. It is often suffered by vulnerable communities, such as women, ethnic, religious and other minorities and indigenous peoples, who are suspected of supporting terrorist groups. B. Remedies and reparation 41. In addition to States’ duties to bring perpetrators of gross human rights violations before the criminal justice system, States’ obligations have been described as requiring them to respect the right to truth, to justice and to reparation.30 The right to truth puts an obligation on the State to investigate human rights violations and to present the facts to the public. The right to reparation comprises not only the right to compensation31 and restitution, but also the right to rehabilitation,32 satisfaction and guarantees of nonrepetition,33 as described by the United Nations set of principles for the protection and promotion of human rights through action to combat impunity. These are complementary rights. The right to reparation as established by international law include: restitution in integrum, payment of compensation, satisfaction and guarantees of non-repetitions, among others.34 When restitution, in integrum, is not possible, other forms of reparation must afford relief. The different obligations of the State regarding remedies and reparation are unconditional. 42. Article 2, paragraph 3, of the International Covenant on Civil and Political Rights ensures an accessory right to effective remedy against violations of human rights. This obligation was established in order to ensure victims had a means of vindicating their rights. The right to an effective remedy requires that a domestic process to deal with the 28 29 30 31 32 33 34 GE.10-10442 See footnote 20 supra, p. 78. See A/HRC/12/22. For more details, see the summary of discussions of the expert seminar on the impact of terrorism and counter-terrorism measures on the enjoyment of economic, social and cultural rights, held in Geneva from 5–7 November 2008, available at www.un.org/terrorism/pdfs/wg_ protecting_human_rights.pdf. See article 27.2 of the American Convention on Human Rights; article 6 of the European Convention on Human Rights; article 7 of the African Charter on Human and Peoples’ Rights. See also article 2 (3) of the International Covenant on Civil and Political Rights. See note 7 supra at para. 16. See also Velásquez Rodríguez v. Uruguay, Interpretation of Compensatory Damages Judgement, Judgement of August 17, 1990, para. 27. See note 7 supra, para. 16 of general comment No. 31. See also A/54/426, para. 50. Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169 of 17 December 1979), and the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. Inter-American Court of Human Rights, Loayza Tamayo Case, Judgement of 27 November 1998, Series C, No. 42, para. 85. 15