A/HRC/16/51
legal assistance, justice, truth and adequate, effective and prompt reparation.39 Some
countries allow for the proceeds of sale of terrorist property forfeited to the State to be used
to compensate victims of terrorism.40 Supporting the victims of terrorism who have suffered
serious violations of their basic rights includes the provision of material, legal and
psychological assistance.41 Bringing the perpetrators of terrorist acts to justice is also vitally
important.42 With the aim of building bridges between adversely affected groups,
compensation to victims of counter-terrorism measures, as a potential remedy under
practice 5, should be provided equally and through the same institutions and programmes as
compensation to victims of terrorism.
25.
The Special Rapporteur formulates the template provisions below as a best practice
in the fight against terrorism:
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.
F.
Definition of terrorism
26.
Counter-terrorism laws, policies and practices must be limited to the countering of
terrorism, as properly defined. The approach taken by most States is to link terrorist
offences to a stand-alone definition of “terrorism”, a “terrorist act”, “terrorist activity” or
similar terms. Such definitions are very often also linked to the listing of proscribed
organizations (either in conjunction with, or as a supplement to, the Consolidated List of
the United Nations); powers of arrest, questioning and investigation; alterations in the rules
concerning detention and trial; and administrative measures, such as deportation procedures
and the forfeiture of property. The adoption of overly broad definitions of terrorism
therefore carries the potential for deliberate misuse of the term – including as a response to
claims and social movements of indigenous peoples – as well as unintended human rights
39
40
41
42
-
See General Assembly resolutions 60/288, annex, pillar I, and 64/168, para. 6 (n); and the statement
by the President of the Security Council of 27 September 2010 (S/PRST/2010/19), tenth paragraph,
para. 10. Some States have adopted specific provisions on the rights of victims of terrorism:
Azerbaijan, Law on the Struggle against Terrorism 1999 (as amended in 2005), art. 13; Georgia, Law
on Combating Terrorism 2007, art. 15. See also the questionnaire responses submitted by Colombia,
Ethiopia, Greece, Mexico, Morocco, the Republic of Moldova and Spain. Other States rely on more
generally applicable provisions concerning victims of crime: see questionnaire responses submitted
by Australia, Bulgaria, Canada, Finland, Hungary, Indonesia, Japan, Latvia, Lithuania, Poland,
Portugal, Qatar, Slovakia, Slovenia, Switzerland, the former Yugoslav Republic of Macedonia and
the United Kingdom.
Canada, Criminal Code 1985, sect. 83.14 (5.1).
See A/HRC/10/3/Add.2, paras. 44-46 and S/2005/789 (2005), para. 31; Azerbaijan, Law on the
Struggle against Terrorism 1999, op.cit., art. 13; Georgia, Law on Combating Terrorism 2007, art. 16.
See General Assembly resolution 64/168, para. 6(n), and E/CN.4/2006/98, para. 66; questionnaire
response submitted by Guatemala.
13
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