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The Criminal Justice Response to Support Victims of Acts of Terrorism

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The Criminal Justice Response to Support Victims of Acts of Terrorism The Criminal Justice Response to Support Victims of Acts of Terrorism UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna The Criminal Justice Response to Support Victims of Acts of Terrorism UNITED NATIONS New York, 2011 This publication is dedicated to the victims of terrorist acts worldwide. © United Nations, November 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Information on uniform resource locators and links to Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. This publication has not been formally edited. “[Terrorism] can affect anyone, anywhere... It attacks humanity itself. And it is for the sake of humanity that we must create a global forum for your voice and listen to you, the victims. Your stories of how terrorism has affected your lives are our strongest argument why it can never be justified. By giving a human face to the painful consequences of terrorism, you help build a global culture against it. You are the real heroes in the global struggle against terrorism. You humble the world by your strength and courage. You deserve support and solidarity. You deserve social recognition, respect and dignity. You deserve to have your needs addressed. You deserve to have your human rights defended. And you deserve justice.” Ban Ki-moon Secretary-General of the United Nations Secretary-General’s Symposium on Supporting Victims of Terrorism 9 September 2008 iii Foreword Executive Director United Nations Office on Drugs and Crime In the 2005 World Summit Declaration, world leaders condemned terrorism in all its forms, committed by whomever, wherever and for whatever purposes — the first such high-level consensus. One year later, the unanimous adoption of the United Nations Global Counter-Terrorism Strategy represented a milestone in the multilateral counter- terrorism domain that laid the foundations for a comprehensive and integrated response to terrorism at the national, regional and international levels. Following the adoption of the Global Counter-Terrorism Strategy, the United Nations has intensified system-wide efforts to foster multilateral action to prevent and combat terrorism. The Global Counter-Terrorism Strategy also reaffirmed the crucial role of respect for human rights and the rule of law as the fundamental basis of the fight against terrorism and stressed, in particular, the need to promote and protect the rights of victims of terrorism. In 2008, the United Nations launched the first symposium that brought together victims of acts of terrorism from around the world, providing a platform for their voices to be heard and initiating a dialogue on how best to support their needs. This publication builds upon the themes explored in the symposium, and is intended to aid in the devel- opment of effective criminal justice mechanisms to support victims of acts of terrorism at the national level. The elaboration of this handbook by the Terrorism Prevention Branch and the Justice Section of the United Nations Office on Drugs and Crime was made possible through the generous support of donor countries, in particular, Colombia, Cyprus and the Neth- erlands. UNODC is also thankful to the Foundation “El Nogal” for the support given towards the elaboration of this publication. The handbook draws on the national experi- ences of a broad range of geographically representative criminal justice experts regard- ing programmes of assistance and support for victims of acts of terrorism. This handbook is intended to share experiences related to support mechanisms for victims of terrorism, and to give policymakers and criminal justice officials practical insights into challenges faced, and good practices developed, by their counterparts at the national and regional level. Our hope is that this handbook will aid Member States in the development and implementation of programmes of assistance and support for victims of acts of terrorism within their respective criminal justice systems. Victims have long played a secondary, and mostly silent, role in criminal trials. UNODC recognizes the importance of representing victims’ interests in criminal proceedings and the relevance of developing comprehensive programmes that effectively provide adequate treatment to victims of acts of terrorism. Effective criminal prosecution of alleged perpe- trators is a crucial factor in reducing the perception of victimization and of impunity for terrorist acts. Granting victims equal and effective access to justice is also essential. In order to further integrate the perspective of victims into UNODC’s capacity-building v activities addressing the criminal justice aspects of countering terrorism, the role of victims and their surviving family members in criminal proceedings needs to be emphasized. The publication of this handbook comes at a moment of great sorrow for UNODC and for the entire United Nations. On 26 August 2011, the United Nations office in Abuja, Nigeria, was the target of a terrorist attack that shocked the world and drew global condemnation. The car bomb that was detonated cut short the lives of twenty-four friends and colleagues working for the betterment of humanity. The attack targeted not only the United Nations presence in Nigeria, but also its universal values and global missions of peace. In the face of such heinous acts, we have responded with strengthened resolve to fight against terrorism and build a safer, more just and peaceful world for all. We dedicate this publication to our colleagues who lost their lives in Abuja, and in the increasing number of terrorist attacks on United Nations’ premises in recent years, as well as to all victims of terrorist acts worldwide. Yury Fedotov Executive Director United Nations Office on Drugs and Crime vi Contents I. Introduction . 1 II. Background: counter-terrorism efforts and existing international standards and norms related to victims of crime . 3 A. Normative references to the general international ban on acts of terrorism and the States obligation to criminalize them . 4 B. International standards and norms related to victims of crime . 4 C. Regional norms on assistance and support to victims of acts of terrorism . 6 D. United Nations Global Counter-Terrorism Strategy . 10 E. Criminal justice response and broader assistance to victims of acts of terrorism . 12 F. Different national legal systems and implications for victim support . 13 III. Incorporation of rights of victims of acts of terrorism in the criminal justice system at the national level . 15 A. Recognition of the status of victims within the criminal justice system . 15 1. General considerations . 15 2. National practice and legislative provisions . 18 B. Access to justice for victims of acts of terrorism . 32 1. General considerations . 32 2. National practice and legislative provisions . 36 C. Protection during the criminal proceedings . 54 1. General considerations . 54 2. National practice and legislative provisions . 56 D Integral reparation . 70 1. General considerations . 70 2. National practice and legislative provisions . 74 vii IV. Improving the criminal justice system’s response to support victims of acts of terrorism . 93 A. Main aspects of support to victims of acts of terrorism, beyond support to victims of crime in general . 93 B. The importance of the jurisdictional reach of national law on support to victims of acts of terrorism . 94 C. Measures to improve the criminal justice system’s response to victims of acts of terrorism . 96 Annex I. Suggested bibliography . 101 Annex II. List of contributors . 103 viii I. Introduction 1. The United Nations General Assembly, in its resolution 64/168, adopted on 18 December 2009, urged “relevant United Nations bodies and entities and international, regional and subregional organizations, including the United Nations Office on Drugs and Crime, within its mandate related to the prevention and suppression of terrorism, to step up their efforts to provide, upon request, technical assistance for building the capac- ity of Member States in the development and implementation of programmes of assist- ance and support for victims of terrorism in accordance with relevant national legislation.” 2. The Terrorism Prevention Branch (TPB) and the Justice Section (JS) of the United Nations Office on Drugs and Crime (UNODC) jointly convened two Expert Group Meetings1 with the primary objective of developing a publication on an effective criminal justice response to support victims of acts of terrorism. The contributions of the partici- pating experts were instrumental in the identification, collection and dissemination of national experiences of existing programmes of assistance and support for victims of acts of terrorism, or programmes for victims of crime applicable to victims of acts of terrorism, in accordance with relevant national legislation and international standards and norms. This publication is intended for use as part of UNODC’s capacity-building
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