A/55/290
(a) those who seek to cooperate or have cooperated
with representatives of United Nations human rights
bodies, or who have provided testimony or information
to them; (b) those who avail or have availed themselves
of procedures established under United Nations
auspices for the protection of human rights and
fundamental freedoms and all those who have provided
legal assistance to them for this purpose (para. 1). In
that resolution the Commission also requested all
representatives of United Nations human rights bodies
to continue to take urgent steps, in conformity with
their mandates, to help prevent the hampering of access
to United Nations human rights procedures in any way
and the occurrence of such intimidation and reprisals
(paras. 2 and 3). In the framework of the resolution, an
urgent appeal was sent on behalf of human rights
defenders who were believed to be seriously harassed
in retaliation for their cooperation with the Special
Rapporteur during a fact-finding mission.
21. The Special Rapporteur would also like to draw
the attention of the General Assembly to the
Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and
Fundamental Freedoms, which it adopted by its
resolution 53/144 of 8 March 1999. The Declaration
states that everyone has the right to offer and provide
professionally qualified legal assistance or other
relevant advice and assistance in defending human
rights and fundamental freedoms (article 9, para. 3 (c)).
It also stipulates that the State shall take all necessary
measures to ensure the protection by the competent
authorities of everyone, individually and in association
with others, against any violence, threats, retaliations,
de facto or de jure adverse discrimination, pressure or
any other arbitrary action as a consequence of his or
her legitimate exercise of the rights referred to in the
Declaration (article 12, para. 2).
22. Furthermore, the Special Rapporteur would like
to draw the attention of the General Assembly to the
Principles on the effective investigation and
documentation of torture and other cruel, inhuman or
degrading treatment or punishment, also known as the
Istanbul Protocol. The Principles were annexed to his
previous report to the General Assembly (A/54/426);
the attention of Governments was also drawn to the
Principles by the Commission and were annexed to
resolution 2000/43 adopted at its last session. The
Principles state that alleged victims of torture or ill-
6
treatment,
witnesses,
those
conducting
the
investigation and their families shall be protected from
violence, threats of violence or any form of
intimidation that may arise pursuant to the
investigation (para. 3 (b)).
23. Finally, the Special Rapporteur welcomes the
creation of a special mechanism to deal exclusively
with the question of human rights defenders. As rightly
stated during the 1999 meeting of special rapporteurs/
representatives, experts and chairpersons of working
groups of the special procedures of the Commission on
Human Rights and of the advisory services programme,
while all existing mechanisms are committed to
cooperating among themselves on this issue, it is
understood that the nature of the problem was not one
that could be covered satisfactorily by them alone in
the discharge of their specific mandates (see
E/CN.4/2000/5, para. 87 (p)). The Special Rapporteur
is confident that in a spirit of cooperation and in order
to avoid duplication of work, ways will be found, in
particular within the Secretariat, to coordinate actions
with the Special Representative of the SecretaryGeneral on human rights defenders.
D. Reparation for victims of torture
24. Some international and regional human rights
instruments impose a duty on States to provide access
to justice as well as adequate and fair reparation for
victims of human rights violations. With respect to
violations falling within the Special Rapporteur’s
mandate, he is guided by article 14 of the Convention
against Torture which provides that each State party
shall ensure in its legal system that the victim of an act
of torture obtains redress and has an enforceable right
to fair and adequate compensation, including the means
for as full rehabilitation as possible. In the event of the
death of the victim as a result of an act of torture, his
dependants shall be entitled to compensation.2
25. The annex to the final report (E/CN.4/2000/62) of
the independent expert of the Commission on Human
Rights on the right to restitution, compensation and
rehabilitation for victims of gross violations of human
rights and fundamental freedoms, Cherif Bassiouni,
contains the text of the basic principles and guidelines
on the right to a remedy and reparation for victims of
violations of international law and humanitarian law,
which are said to reflect either existing international
law or emerging norms on that matter.