  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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