A/HRC/52/30
fairly and with empathy; they may be pressured or otherwise dissuaded from registering their
complaint; or they may fear that they themselves or their families will not be protected from
threats, reprisals or intimidation. They may also be worried about counter-complaints or
defamation suits launched by the authorities. 69 The emotional and often financial toll of
pursuing complaints against public authorities can be doubly devastating, exacerbating
trauma, including post-traumatic stress disorder, or slowing rehabilitation and recovery.
Worrying about one’s own safety or that of a loved one, or where one will sleep for the night
or get one’s next meal are sure-fire ways to reduce the chances of successful investigation
and prosecution.
50.
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power70 established a unified set of minimum standards to “access the mechanisms of justice
and to prompt redress”71 and such proceedings are intended to be responsive to the needs of
victims, including through:
(a)
Keeping victims informed of their role and the scope, timing and progress of
proceedings;
(b)
Allowing the views and concerns of victims to be presented and considered at
appropriate stages of the proceedings;
(c)
Taking measures to minimize inconvenience to victims, protect their privacy
and ensure their safety, as well as that of their families and witnesses, from intimidation and
retaliation;
(d)
Avoiding unnecessary delay in the disposition of cases and the execution of
orders or decrees granting awards to victims.72
51.
The Declaration further states that victims should receive material, medical,
psychological support and social assistance, as well as information about the services
available to them.73
52.
Practical measures that have been adopted at national levels to minimize trauma and
maximize participation and engagement with the criminal legal system include: obtaining the
consent of the complainant on the use and sharing of information; anonymization; providing
different types of medical assistance (including medical, psychological and dental); a 24/7
telephone helpline; allocation of a victim liaison officer; and providing secure participation
and communication (for example, through closed sessions, video links, voice distortion and
the editing of public records).
53.
It is good practice to familiarize victims-witnesses with the courtroom setting by
bringing them into the courtroom in advance of proceedings and informing them about how
to behave, where to stand or sit and what to expect. Such a simple orientation can help
alleviate apprehension. It is also advisable to inform and train victims-witnesses in steps for
their own self-protection since torture cases frequently attract media attention. Individuals
might not understand or be able to weigh the dangers they may face in making allegations in
public and whether or not they should answer media questions. For example, in the first case
against members of the Fuerza Alternativa Revolucionaria del Común (FARC), a judge of
the Special Jurisdiction for Peace in Colombia was attuned to the personal risks faced by the
victim-witnesses. The judge ruled that they would first be thoroughly briefed so that they
could make an informed choice as to whether they wanted to hide their identities. The
consequent introduction of a code system dramatically improved the safety of over 2,000
victims.
69
70
71
72
73
12
Submission by the Association for the Prevention of Torture.
General Assembly resolution 40/34, annex.
Ibid., para. 4.
Ibid., para. 6.
Ibid., paras. 14 and 15.
GE.23-03126