requires states to take measures ‘to ensure that…witnesses are protected against all ill-treatment or intimidation as a consequence of …evidence given’.712 119. There are a number of rights that victims have during the proceedings, including access to information and to effective remedies. The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power provides for a range of standards including the compassionate treatment of victims, prompt redress, permitting their views to be heard during the proceedings, providing them with appropriate assistance and avoiding unnecessary delay. 713 Particular attention should be paid to children and women and other vulnerable groups.714 N. Trial within a reasonable time 120. The various treaties make reference for the individual to be tried ‘without undue delay ‘or ‘within a reasonable time’.715 This has been interpreted as requiring that individuals are tried as expeditiously as possible.716 A back log of cases before the courts is not a justifiable excuse for delay. 717 What is reasonable or otherwise will depend on the circumstances of the particular case.718 However, the following issues will be considered:719 a. The complexity of the legal issues; b. The nature of the facts; c. The number of accused, parties or witnesses d. The conduct of the parties; e. The length of each stage; f. The impact on the individual’s position; g. Whether remedies are available to speed up the proceedings; h. The result of any appeal; i. The relationship between the particular proceeding and another case; j. The implications of the case on the national law. 121. The right will apply in both criminal and civil proceedings. In civil cases the time runs from when the proceedings are started until the judgment is executed.720 While a delay of just over two years was not considered to violate 712 Article 13, UNCAT; Article 12(1) ICPPED. This is also a requirement under Article 9(1) ICCPR, Communication 1250/2004, Rajapakse v Sri Lanka, 5 Sep 2006. 713 UN General Assembly Resolution, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, UN Doc GA Res 40/34 (1985). 714 See UN ECOSOC, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, UN Doc E/Res/2005/20 (2005). 715 Article 14(3)(c) ICCPR; Article 14(5) Arab Charter. 716 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 35. Communication 899/1999, Francis v Trinidad and Tobago, 25 July 2002. 717 See e.g. European Court, Nogolica v Croatia, 7 December 2006. 718 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 35. 719 Communication 1060/2002, Deisl v Austria, 27 July 2004, paras 11.2–11.6; Communication 788/1999, Cagas v Philippines 23 October 2001, para 7.4. 720 European Court, Scopelliti v Italy, 23 Nov 1993. 121