Sunday, October 15, 2023

Eradicating Impunity for Serious Human Rights Violation

                        We all should always help combat serious human rights violations and help deliver justice to the victims, so if you witness any violation of human rights record it and help the victims have a evidence of the crime committed against them. Nothing is more important than justice to combat future possible violations, because this is what generally happens when the victims don't have the justice they deserve. This post is a summary of the book with the title above published in 2011 at   https://rm.coe.int/1680695d6e

                       Recalling that those responsible for acts amounting to serious human rights violations must be held to account for their actions. Considering that a lack of accountability encourages repetition of crimes, as perpetrators and others feel free to commit further offences without fear of punishment. Recalling that impunity for those responsible for acts amounting to serious human rights violations inflicts additional suffering on victims. Considering that impunity must be fought as a matter of justice for the victims, as a deterrent to prevent new violations, and to uphold the rule of law and public trust in the justice system. Considering the need for states to co-operate at the international level in order to put an end to impunity. Recalling the importance of the right to an effective remedy for victims of human rights violations, as contained in numerous international instruments and conventions such as the "U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power." Adopts the following guidelines and invites member states to implement them effectively and ensure that they are widely disseminated, in particular among all authorities responsible for the fight against impunity. These guidelines address the problem of impunity in respect of serious human rights violations. Impunity arises where those responsible for acts that amount to serious human rights violations are not brought to account. When it occurs, impunity is caused or facilitated by the lack of diligent reaction of institutions or state agent to violations. In these circumstances, faults might be observed within state institutions. States are to combat impunity as a matter of justice for the victims, as a deterrent with respect to future human rights violations and in order to uphold the rule of law and public trust in the justice system. They are addressed to states, and covers the acts or omissions of states, including those carried out through their agents. They also covers states' obligations under the Convention to take positive action in respect of non-state actors. For the purposes of these guidelines, "serious human rights violations" concern those acts in respect of which states have an obligation under the Convention to enact criminal law provision. Such obligations arise in the context of the right to life, the prohibition of torture or inhuman or degrading treatment, the prohibition of slavery, and of the right to respect for private and family life. The term "victim" refers to a person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, caused by a serious human rights violation. States should elaborate policies and take practical measures to prevent and combat an institutional culture within their authorities which promotes impunity and promote a culture of respect for human rights and systematic work for the implementation of human rights. It is important making authorities aware of their obligations, including taking necessary measures, with regard to preventing impunity, and establishing appropriate sanctions for the failure to uphold those obligations and conducting a policy of zero-tolerance of serious human rights violations. Combating impunity requires that there be an effective investigation in cases of serious human rights violations. This duty has an absolute character. The obligation to protect the right to life requires that there should be an effective investigation when individuals have been killed. States have a duty to effectively investigate credible claims of violations of the right to respect to private and family life. States should support, by all possible means, the investigation of serious human rights violations and the prosecution of alleged perpetrators. States should ensure that victims may participate in the investigation and the proceedings to the extent necessary to safeguard their legitimate interests through relevant procedures under national law. States have to ensure that victims may, to the extent necessary to safeguard their legitimate interests, receive information regarding the follow-up and outcome of their complaints, the progress of the investigation and the prosecution, the execution of judicial decisions and all measures taken concerning reparation for damage caused to the victims. States should ensure that, at all stages of the proceedings when necessary, protection measures are put in places for the physical and psychological integrity of victims and witnesses. States should ensure that victims and witnesses are not intimidated, subject to reprisals or dissuaded from complaining or pursuing their complaints. Irrespective of any legal proceedings, victims and their families have the imprescriptible right to know the truth about the circumstance in which violations took place and, in the event of death or disappearance, the victims' fate. While respecting the independence of the courts, when serious human rights violations have been proven, the imposition of a suitable penalty should follow. The sentences which are handed out should be effective, proportionate and appropriate to the offence committed. International co-operation plays a significant role in combating impunity. In order to prevent and eradicate impunity, States must fulfil their obligations, notably with regard to mutual legal assistance, prosecution and extraditions, in a manner consistent with respect for human rights, including the principle of "non-refoulement". States should take all appropriate measures to establish accessible and effective mechanisms which ensure that victims of serious human rights violations receive prompt and adequate reparation for the harm suffered. This may include measures of rehabilitation, compensation, restitution and guarantees of non-repetition. The right to reparation is elaborate in the "U.N. Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights Law." 

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