A/HRC/24/23
promptly, thoroughly, independently and impartially and, if appropriate, to prosecute those
responsible.29 Failure to do so could give rise to independent violations of the International
Covenant on Civil and Political Rights.30 Furthermore, violations of international human
rights law and international humanitarian law give rise to a right of the victim to an
effective remedy, which includes the right to equal and effective access to justice and
adequate, effective and prompt reparation for the harm suffered.31 Reparation encompasses
compensation, restitution, rehabilitation, satisfaction and guarantees of non-recurrence.
IV. Initiatives relating to the safety of journalists
A.
States
17.
In their responses to the note verbale dated 11 January 2013 addressed to them by
OHCHR,32 States documented a wide range of legislative measures, as well as a variety of
policies and practices, that aim to protect the right to freedom of expression or freedom of
information and, more specifically, to ensure the safety of journalists.
1.
Legislative initiatives
18.
Many States noted that freedom of expression and the right to information were
protected by their Constitution. States also referred to national legislation that aims to give
effect to the right to freedom of expression. Other States noted laws that provide that, when
determining the penalty, offences committed in response to the exercise of freedom of
expression would be considered an aggravating circumstance.
19.
According to the responses, several States had either recently conducted or were
currently conducting a legislative review to strengthen mechanisms for ensuring freedom of
29
30
31
32
See International Covenant on Civil and Political Rights, art. 2(3); Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment, arts. 4, 5, 7, 12 and 13; International
Convention for the Protection of All Persons from Enforced Disappearance, art. 3; 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 (General
Assembly resolution 60/147), principle 3; the updated set of principles for the protection and
promotion of human rights through action to combat impunity, principles 1 and 9; Human Rights
Committee general comment No. 31 (CCPR/C/21/Rev.1/Add.13), para. 8.
CCPR/C/21/Rev.1/Add.13, paras. 15 and 18.
Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights,
art. 2(3); Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, art. 14; International Convention for the Protection of All Persons from Enforced
Disappearance, arts. 8 and 20; International Convention on the Elimination of All Forms of Racial
Discrimination, art. 6; American Convention on Human Rights, art. 25; Arab Charter on Human
Rights, art. 23; European Convention on Human Rights, art. 13; Regulations annexed to the
Convention with respect to the Laws and Customs of War on Land (1907), art. 3; fourth Geneva
Convention, art. 148; Additional Protocol I, art. 91; Rome Statute of the International Criminal Court,
arts. 68 and 75; 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, Principle 11; Updated Set of Principles for the Protection and Promotion of
Human Rights through Action to Combat Impunity, Principle 34; HRC, General Comment No. 31,
paras. 8, 15-19.
Responses were received from Austria, Bulgaria, Colombia, the Czech Republic, Denmark, Georgia,
Grenada, Jordan, Kazakhstan, Lithuania, Mexico, Mongolia, Montenegro, Poland, the Republic of
Moldova, the Russian Federation, Serbia, Slovenia, Sweden, the Syrian Arab Republic, Trinidad and
Tobago, Tunisia, Turkmenistan, Ukraine and Uruguay.
7
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