A/HRC/45/27 enshrined in international human rights law. 76 In addition to investigating and prosecuting both terrorist attacks and violations committed in the context of counter-terrorism, States should facilitate victims’ participation in criminal proceedings, civil suits and public inquiries relating to such attacks and violations. States should enact laws and procedures to facilitate the provision of full reparation, including compensation and psychological support, to victims of terrorist acts, as appropriate. Support to victims should also include humanitarian assistance and legal assistance so as to ensure victims’ access to an effective remedy and to justice. 44. Compensation can never substitute for bringing perpetrators to justice or for revealing the truth in compliance with applicable international human rights obligations. Nor should it be conditioned on victims’ own ability to obtain reparations from perpetrators or their estates. Better practice has been for victims to have the option to benefit from Stateadministered compensation and assistance schemes.77 The model provisions on reparations and assistance to victims developed in 2010 by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, as 1 of the 10 areas of best practices in countering terrorism, 78 and the 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, provide a range of useful guidance in that regard.79 45. Guidance also valuable in the terrorism and counter-terrorism contexts includes the Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power, annexed to General Assembly resolution 40/34. Article 2 indicates that a person may be considered a victim, under the Declaration, regardless of whether the perpetrator was prosecuted or convicted. Importantly, it indicates that the term “victim” also includes, where appropriate, the immediate family members or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization. That is also the approach of the International Convention for the Protection of All Persons from Enforced Disappearance, which states that “victim” means the disappeared person and any individual who has suffered harm as the direct result of an enforced disappearance (art. 24 (1)). 46. The former Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has stated that there is no contradiction between defending the human rights of victims of terrorism and the human rights of persons affected by counter-terrorism measures.80 47. Creating platforms for victims of acts of terrorism and of human rights violations committed in the context of countering terrorism and giving them a voice in designing or implementing justice mechanisms can contribute to healing,81 and increase the wider public legitimacy of such mechanisms. That can also be achieved, inter alia, through allowing victims broader access to judicial proceedings, with appropriate protection against intimidation, retaliation and other arbitrary interference with their rights, including the right to privacy.82 48. More attention needs to be given to victims in the context of legal processes. Victims of terrorist acts, like other victims of serious crimes, commonly want the truth of 76 77 78 79 80 81 82 International Covenant on Civil and Political Rights, art. 2 (3); Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), arts. 13 and 34; American Convention on Human Rights, art. 63; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 14; and International Convention for the Protection of All Persons from Enforced Disappearance, art. 8. A/HRC/8/13, para. 55; and A/HRC/40/52/Add.4, para. 20. A/HRC/16/51, para. 25. See also CCPR/C/158. A/66/310, para. 23. Haid Haid, “Breaking the cycle of violence: transitional justice for the victims of ISIS in Syria”, Research Paper, Middle East and North Africa Programme (London, The Royal Institute of International Affairs, Chatham House, April 2020), p. 10. A/HRC/19/38, para. 28. 13