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. 13

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