element in this regard. Individuals who bring complaints against police or other
law enforcement officers must not face reprisals.
14. Authorities must not shield any unlawful actions of public officials or non-state
actors directed against human rights defenders from prompt, thorough, independent and transparent investigation. Investigations must be capable of and effective in identifying the perpetrators and lead to their prosecution where necessary.
Any sanctions should be commensurate with the gravity of the offence. Disciplinary proceedings are no substitute for criminal charges, nor are prosecutions
for offences such as “abuse of office” sufficient in cases of violations of the right to
life, of the prohibition of torture and other ill-treatment or other serious human
rights violations.
15. States should consider adopting national legislation recognizing the motivation for
crimes against human rights defenders on account of their human rights work as
an aggravating factor in relation to sentencing.
16. States should ensure that their hate crime laws apply to crimes committed against
human rights defenders “by association”. A crime against a human rights defender
should be similarly punished under relevant legislation if it is motivated by intolerance towards a specific social group the human rights defender does not directly
belong to but is associated with.
17. States should guarantee full respect for the rule of law and the independence of
the judiciary. Wherever necessary, they should carry out reforms to ensure that
there is no impunity for abuses committed against human rights defenders, that
legal remedies are available, accessible and fully effective and that victims or their
families obtain adequate reparation.
18. Legal aid and other support should be provided to ensure that human rights defend-
ers have effective access to justice.
Protection policies, programmes and mechanisms
19. States should develop, in consultation with civil society and with technical advice
from relevant international agencies, appropriate protection policies, programmes
and mechanisms to ensure the safety and security of human rights defenders at
risk. These should include the provision of physical protection, temporary relocation and other protection measures and support services as may be required.
20. States should ensure that any protection programmes, policies and mechanisms
have the capacity and means to provide gender-sensitive protection and support
that meet the needs of women human rights defenders. Protection programmes,
policies and mechanisms should also be reflective of and able to respond to the
specific protection requirements of other particularly vulnerable categories of
human rights defenders in accordance with the needs identified by affected individuals and groups. Human rights defenders should also be involved in developing
4
Guidelines on the Protection of Human Rights Defenders
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