Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power
Adopted by General Assembly resolution 40/34
of 29 November 1985
Access to justice and
fair treatment | Compensation
| Assistance |
Victims of Abuse of Power
A. Victims of Crime
1. "Victims" means persons who, individually
or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment
of their fundamental rights, through acts or omissions that are
in violation of criminal laws operative within Member States, including
those laws proscribing criminal abuse of power.
2. A person may be considered a victim, under this Declaration,
regardless of whether the perpetrator is identified, apprehended,
prosecuted or convicted and regardless of the familial relationship
between the perpetrator and the victim. The term "victim"
also includes, where appropriate, the immediate family or dependants
of the direct victim and persons who have suffered harm in intervening
to assist victims in distress or to prevent victimization.
3. The provisions contained herein
shall be applicable to all, without distinction of any kind, such
as race, colour, sex, age, language, religion, nationality, political
or other opinion, cultural beliefs or practices, property, birth
or family status, ethnic or social origin, and disability.
Access to justice and fair
treatment [top]
4. Victims should be treated with
compassion and respect for their dignity. They are entitled to access
to the mechanisms of justice and to prompt redress, as provided
for by national legislation, for the harm that they have suffered.
5. Judicial and administrative mechanisms
should be established and strengthened where necessary to enable
victims to obtain redress through formal or informal procedures
that are expeditious, fair, inexpensive and accessible. Victims
should be informed of their rights in seeking redress through such
mechanisms.
6. The responsiveness of judicial
and administrative processes to the needs of victims should be facilitated
by:
(a) Informing victims of their role
and the scope, timing and progress of the proceedings and of the
disposition of their cases, especially where serious crimes are
involved and where they have requested such information;
(b) Allowing the views and concerns of victims to be presented and
considered at appropriate stages of the proceedings where their
personal interests are affected, without prejudice to the accused
and consistent with the relevant national criminal justice system;
(c) Providing proper assistance to
victims throughout the legal process;
(d) Taking measures to minimize inconvenience
to victims, protect their privacy, when necessary, and ensure their
safety, as well as that of their families and witnesses on their
behalf, from intimidation and retaliation;
(e) Avoiding unnecessary delay in
the disposition of cases and the execution of orders or decrees
granting awards to victims.
7. Informal mechanisms for the resolution
of disputes, including mediation, arbitration and customary justice
or indigenous practices, should be utilized where appropriate to
facilitate conciliation and redress for victims.
Restitution
8. Offenders or third parties responsible
for their behaviour should, where appropriate, make fair restitution
to victims, their families or dependants. Such restitution should
include the return of property or payment for the harm or loss suffered,
reimbursement of expenses incurred as a result of the victimization,
the provision of services and the restoration of rights.
9. Governments should review their
practices, regulations and laws to consider restitution as an available
sentencing option in criminal cases, in addition to other criminal
sanctions.
10. In cases of substantial harm to
the environment, restitution, if ordered, should include, as far
as possible, restoration of the environment, reconstruction of the
infrastructure, replacement of community facilities and reimbursement
of the expenses of relocation, whenever such harm results in the
dislocation of a community.
11. Where public officials or other
agents acting in an official or quasi-official capacity have violated
national criminal laws, the victims should receive restitution from
the State whose officials or agents were responsible for the harm
inflicted. In cases where the Government under whose authority the
victimizing act or omission occurred is no longer in existence,
the State or Government successor in title should provide restitution
to the victims.
Compensation
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12. When compensation is not fully
available from the offender or other sources, States should endeavour
to provide financial compensation to:
(a) Victims who have sustained significant
bodily injury or impairment of physical or mental health as a result
of serious crimes;
(b) The family, in particular dependants
of persons who have died or become physically or mentally incapacitated
as a result of such victimization.
13. The establishment, strengthening
and expansion of national funds for compensation to victims should
be encouraged. Where appropriate, other funds may also be established
for this purpose, including in those cases where the State of which
the victim is a national is not in a position to compensate the
victim for the harm.
Assistance
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14. Victims should receive the necessary
material, medical, psychological and social assistance through governmental,
voluntary, community-based and indigenous means.
15. Victims should be informed of
the availability of health and social services and other relevant
assistance and be readily afforded access to them.
16. Police, justice, health, social
service and other personnel concerned should receive training to
sensitize them to the needs of victims, and guidelines to ensure
proper and prompt aid.
17. In providing services and assistance
to victims, attention should be given to those who have special
needs because of the nature of the harm inflicted or because of
factors such as those mentioned in paragraph 3 above.
B. Victims of
Abuse of Power[top]
18. "Victims" means persons who, individually
or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment
of their fundamental rights, through acts or omissions that do not
yet constitute violations of national criminal laws but of internationally
recognized norms relating to human rights.
19. States should consider incorporating into the national law norms
proscribing abuses of power and providing remedies to victims of
such abuses. In particular, such remedies should include restitution
and/or compensation, and necessary material, medical, psychological
and social assistance and support.
20. States should consider negotiating
multilateral international treaties relating to victims, as defined
in paragraph 18.
21. States should periodically review
existing legislation and practices to ensure their responsiveness
to changing circumstances, should enact and enforce, if necessary,
legislation proscribing acts that constitute serious abuses of political
or economic power, as well as promoting policies and mechanisms
for the prevention of such acts, and should develop and make readily
available appropriate rights and remedies for victims of such acts.
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