A/HRC/52/30
54.
Vulnerable victim-witnesses, such as survivors of sexual- and gender-based violence,
may need special measures for which there is now good guidance. 74 The Global Code of
Conduct for Gathering and Using Information about Systematic and Conflict -Related
Sexual Violence (Murad Code) reminds investigators that all survivors are unique and not
to make assumptions about their experiences or how they should behave or react.75. For child
victims of torture, special responsibilities arise and require dedicated specialists who are
trained to put the child’s best interests at the centre of any decision-making, including the
child’s right to psychological recovery.76
55.
Some countries, including Canada and the United States of America, offer victims the
opportunity to make their voices heard by providing so-called victim impact statements,
which are read out at trial. From the victim’s point of view, such statements are valuable in
aiding their emotional recovery by providing them with an opportunity to confront an
offender with the impact of the crime. In 2012, the European Union issued a comprehensive
and legally binding victims’ rights directive, establishing minimum standards on the rights,
support and protection of victims of crime.77 A number of countries have published similar
victims of crime charters (Ireland, South Africa). The International Criminal Court appoints
legal representatives for victims to ensure that their views and concerns on matters where
their personal interests are affected are heard. The Model Legislative Provisions to Support
the Needs and Protect the Rights of Victims of Terrorism issued by the United Nations Office
on Drugs and Crime, while covering a broader array of crimes, provides a helpful list of
protection measures that could be taken in court proceedings involving torture.
56.
The Prevention of Torture Act of Kenya provides for court sanctioned rehabilitation
to be provided to victims of torture, at any time, with the cost to be covered by the Victim
Protection Trust Fund. In Uganda, a 2017 decision by the civil division of the High Court
awarded compensation and medical treatment to 22 people who were tortured in the context
of a criminal investigation, with monitoring to be undertaken by a non-governmental
organization.78 In Argentina, an alleged victim who takes part in a public prosecution as a
complainant (querellante) may suggest investigative steps to the public prosecutor; if such
suggestions are rejected the complainant may request a hearing before a judge. Similar
provisions exist in Chile and Guatemala. Another form of victim participation, whereby the
alleged victim plays the role of “civil party” within the criminal proceedings, is practised in
countries following the French legal tradition, such as Algeria, Belgium, the Democratic
Republic of the Congo and France. Subject to the provisions in national legislation, this may
allow the victim to be represented by a lawyer, to pose questions to witnesses and the accused,
to make initial and closing remarks and to have access to information contained in the case
file.
F.
Safe, accessible and confidential complaints procedures
57.
Guiding principles to assess the effectiveness of complaints procedures are:
availability, accessibility, confidentiality, safety and traceability (that is, the recording of
74
75
76
77
78
GE.23-03126
See Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (revised, 2022), paras. 274–276;
Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation, International Meeting
on Women’s and Girls’ Right to a Remedy and Reparation, Nairobi, 19–21 March 2007; Global
Code of Conduct for Gathering and Using Information about Systematic and Conflict-Related
Sexual Violence (Murad Code), 13 April 2022; United Kingdom Foreign and Commonwealth
Office, International Protocol on the Documentation and Investigation of Sexual Violence in Conflict,
2nd ed. (2017); Institute for International Criminal Investigations, “Guidelines for investigating
conflict-related sexual and gender-based violence against men and boys”, 2016.
Murad Code, principles 1.1 and 1.2.
Convention on the Rights of the Child, art. 3 in relation to art. 37 (a); Guidelines on Justice in Matters
involving Child Victims and Witnesses of Crime, Economic and Social Council resolution 2005/20,
annex, guidelines 10–14; Istanbul Protocol, paras. 284–293.
Directive 2012/29/EU of the European Parliament and of the Council, 25 October 2012, establishing
minimum standards on the rights, support and protection of victims of crime.
High Court of Uganda, Abdu-Rashid Mbaziira and 19 Others v. Attorney General, HCT-00-CV-MC0210-2017, 12 October 2017.
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