when subsequently his conviction has been reversed or he has been
pardoned on the ground that a new or newly discovered fact shows
conclusively that there has been a miscarriage of justice. In such cases, the
Human Rights Committee will require this newly established fact to apply to
both pardons and reversals.784 If however there is a pardon due to reasons
other than a miscarriage of justice, no compensation will be required to be
paid.785
the person who has suffered punishment as a result of such conviction shall
be compensated according to law, unless it is proved that the non-disclosure
of the unknown fact in time is wholly or partly attributable to him.786
158.
Legislation must provide for compensation which ‘can in fact be paid and
that the payment is made within a reasonable period of time’.787
W. Victim’s rights
159.
Under international human rights law, there is a general duty to protect
human rights and in this context a recognition of the rights of victims. This
includes the right of victims to participate in proceedings, including to be
informed of their rights, participate as a party and be informed of the outcome
of the case.788
160.
The UN General Assembly’s Declaration on the Basic Principles of
Justice for Victims of Crime and Abuse of Power789 provides for, inter alia:
Compassionate treatment, particularly for child victims and those who have
witnessed crime;790
Prompt redress;
Provision of information to victims on the proceedings, their rights, and
provision of assistance;
Allowing victims’ views to be expressed;
Minimising the impact of proceedings on victims. For example, if necessary,
screens and other equipment can be used in court to protect vulnerable
witnesses.791
784
Communication 880/1999, Irving v Australia, 1 April 2002.
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 53.
786 Communication 963/2001, Uebergang v Australia, 22 March 2001.
787 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 52.
788 Human Rights Committee, Communication 1610/2007, LNP v Argentina, 18 July 2011, para 13.5.
789 UN Doc.Res. 40/34 (1985).
790 UN ECOSOC Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, UN
Doc.E/Res/2005/20 (2005).
791 X v UK, [1993] 15 EHRR 113.
785
128
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