United Nations Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power
Approved by UN General Assembly Resolution 40/34 of November 29, 1985
A. Victims of crimes
1. The term "victims" refers to persons who, individually or collectively, have suffered harm, including bodily injury or moral damage, emotional suffering, material damage, or significant infringement of their fundamental rights as a result of an act or omission that violates the applicable national criminal laws of the Member States, including laws prohibiting criminal abuse of power. 2. According to this Declaration, a person can be considered a "victim" regardless of whether the offender has been identified, arrested, tried or convicted, and regardless of the relationship between the offender and the victim. The term "victim" includes, where appropriate, close relatives or dependents of the immediate victim, as well as persons who have been harmed in an attempt to help victims in distress or prevent victimization. 3. The provisions contained in this Declaration apply to all persons without distinction of any kind, regardless of race, skin color, gender, age, language, religion, nationality, political or other views, cultural beliefs or practices, property, birth or marital status, ethnic or social origin, or disability.
Access to justice and fair treatment
4. Victims should be treated with compassion and dignity. They have the right to access justice mechanisms and prompt compensation for the damage they have suffered in accordance with national legislation. 5. Where necessary, judicial and administrative mechanisms should be established and strengthened to ensure that victims can receive compensation through formal or informal procedures that are expeditious, fair, affordable and accessible. Victims seeking compensation through such mechanisms should be informed of their rights. 6. Judicial and administrative procedures should be promoted to be more responsive to the needs of victims by: (a) Providing victims with information about their role and about the scope, timing and progress of judicial proceedings and the outcome of their cases, especially in cases of serious crimes, as well as in cases where they have requested such information; (b) Ensuring that the views and wishes of victims are presented and considered at appropriate stages of the trial in cases where their personal interests are affected, without prejudice to the accused and in accordance with the relevant national criminal justice system; (c) Providing appropriate assistance to victims throughout the trial; (d) Taking measures to minimize inconvenience or victimization, to protect their privacy where necessary, and to ensure their safety, as well as the safety of their families and witnesses, and to protect them from intimidation and retaliation; (e) To prevent undue delays in the handling of cases and the implementation of orders or decisions on providing compensation to victims. 7. Where necessary, informal dispute resolution mechanisms, including mediation, arbitration, and customary courts or local practices, should be used to facilitate reconciliation and provide redress to victims.
Restitution
8. In appropriate circumstances, offenders or third parties responsible for their conduct should provide fair restitution to victims, their families or dependents. Such restitution should include the return of property or payment for harm or damage caused, reimbursement of expenses incurred as a result of victimization, provision of services and restoration of rights. 9. Governments should consider including restitution in their practices, regulations and laws as a form of criminal punishment in addition to other criminal sanctions. 10. In cases of serious environmental damage, restitution, if appropriate, should include, as far as possible, restoration of the environment and infrastructure, replacement of community property, and reimbursement of relocation costs in cases where such damage necessitates the relocation of the community. 11. When Government officials or other representatives acting in an official or semi-official capacity violate national criminal laws, victims should receive restitution from the State whose officials or representatives are responsible for the damage caused. In cases where the Government under which the victimizing act or omission took place no longer exists, restitution to victims should be provided by the State or the successor Government.
Compensation
12. In cases where full compensation cannot be obtained from the offender or from other sources, States should take measures to provide financial compensation to: (a) victims who have suffered significant bodily injury or significant damage to their physical or mental health as a result of serious crimes; (b) families, in particular dependents of persons who have died. or became physically or mentally incapacitated as a result of such victimization. 13. The establishment, strengthening and expansion of national funds to provide compensation to victims should be promoted. If necessary, other funds may be established for these purposes, including in cases where the State of which the victim is a national is unable to compensate the victim for the damage caused to her.
Social assistance
14. Victims should be provided with the necessary financial, medical, psychological and social assistance through governmental, voluntary, community and local channels. 15. Victims should be informed of the availability of medical and social services and other appropriate assistance and given the full opportunity to use them. 16. Police, justice, health, social services, and other relevant personnel should receive training to ensure that they understand the needs of victims and the guidelines for providing appropriate operational assistance. 17. When providing services and assistance to victims, attention should be paid to those who have special needs due to the nature of the damage caused or the factors mentioned in paragraph 3 above.
B. Victims of abuse of power
18. The term "victims" refers to persons who, individually or collectively, have suffered harm, including bodily injury or moral damage, emotional suffering, material damage, or significant infringement of their fundamental rights as a result of an act or omission that does not yet constitute a violation of internationally recognized human rights norms. 19. States should consider including provisions in national laws prohibiting abuse of power and providing remedies for victims of such abuse. Such means should include, in particular, the right to restitution and/or compensation and the necessary financial, medical, psychological and social assistance and support. 20. States should consider the possibility of concluding multilateral international treaties concerning victims, as defined in paragraph 18.21. States should periodically review existing laws and practices to ensure their ability to respond to changing conditions, adopt and enact legislation, if necessary, prohibiting acts that constitute serious abuses of political or economic power and promote measures and mechanisms to prevent such acts, as well as develop and widely ensure appropriate rights and remedies. legal protection for victims of such acts.
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