2. When it occurs, impunity is caused or facilitated notably by the lack of
diligent reaction of institutions or state agents to serious human rights violations. In these circumstances, faults might be observed within state institutions,
as well as at each stage of the judicial or administrative proceedings.
3. States are to combat impunity as a matter of justice for the victims, as
a deterrent with respect to future human rights violations and in order to
uphold the rule of law and public trust in the justice system.
II. Scope of the guidelines
1. These guidelines deal with impunity for acts or omissions that amount
to serious human rights violations and which occur within the jurisdiction of
the state concerned.
2. They are addressed to states, and cover the acts or omissions of states,
including those carried out through their agents. They also cover states’ obligations under the Convention to take positive action in respect of non-state
actors.
3. For the purposes of these guidelines, “serious human rights violations”
concern those acts in respect of which states have an obligation under the
Convention, and in the light of the Court’s case law, to enact criminal law provisions. Such obligations arise in the context of the right to life (Article 2 of the
Convention), the prohibition of torture and inhuman or degrading treatment
or punishment (Article 3 of the Convention), the prohibition of forced labour
and slavery (Article 4 of the Convention) and with regard to certain aspects of
the right to liberty and security (Article 5, paragraph 1, of the Convention) and
of the right to respect for private and family life (Article 8 of the Convention).
Not all violations of these articles will necessarily reach this threshold.
4. In the guidelines, the term “perpetrators” refers to those responsible for
acts or omissions amounting to serious human rights violations.
5. In the guidelines, the term “victim” refers to a natural person who has
suffered harm, including physical or mental injury, emotional suffering or
economic loss, caused by a serious human rights violation. The term “victim”
may also include, where appropriate, the immediate family or dependants of
the direct victim. A person shall be considered a victim regardless of whether
the perpetrator of the violation is identified, apprehended, prosecuted or
convicted, and regardless of the familial relationship between the perpetrator
and the victim.
Effective investigation of ill-treatment – Guidelines ► Page 120
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