should also be respected, especially where this relates to medical confidentiality.33 Effective prosecution of terrorist offenders is a key to protecting the rights of victims; miscarriages of justice do nothing to protect the rights of victims and may lead to impunity for the real offenders. The guarantee of the right to a fair trial is essential, therefore, to the protection both of the rights of the suspect and of the rights of victims. Impunity for those alleged to have committed serious violations of human rights standards is an affront to the victims of those violations. From the perspective of victims’ rights, therefore, impunity is a key issue. Compensation for victims and their families may form an essential part of any counter-terrorism strategy that is human rights compliant. The Council of Europe Guidelines on Human Rights and the Fight against Terrorism acknowledge that: When compensation is not fully available from other sources, in particular through the confiscation of the property of the perpetrators, organisers and sponsors of terrorist acts, the State must contribute to the compensation of the victims of attacks that took place on its territory, as far as their person or their health is concerned.34 In the Council of Europe context, additional Guidelines on the Protection of Victims of Terrorist Acts35 address: • • • • • • • • • • emergency assistance; continuing assistance; investigation and prosecution; effective access to the law and to justice; administration of justice; compensation; protection of the private and family life of victims; protection of the dignity and security of victims; information for victims; and specific training for those responsible for assisting victims. The European Union has also adopted legislation on the standing of victims in criminal proceedings in general, which apply equally to the victims of terrorist acts.36 This legislation is binding on EU member states and deals with issues such as compensation, access to courts and protection of witnesses. It also covers victims who are not resident in the state in question. 33 “In this connection, the Court will take into account that the protection of personal data, not least medical data, is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life as guaranteed by Article 8 of the Convention. Respecting the confidentiality of health data is a vital principle in the legal systems of all the Contracting Parties to the Convention. It is crucial not only to respect the sense of privacy of a patient but also to preserve his or her confidence in the medical profession and in the health services in general. Without such protection, those in need of medical assistance may be deterred from revealing such information of a personal and intimate nature as may be necessary in order to receive appropriate treatment and, even, from seeking such assistance, thereby endangering their own health and, in the case of transmissible diseases, that of the community […]”, ECtHR, Z. v. Finland, Case no. 9/1996/627/811, 25 January 1997, para. 95. 34 Guideline XVII (Compensation for victims of terrorist acts), op. cit., note 11, Human rights and the fight against terrorism, p. 12. 35 Adopted by the Committee of Ministers on 2 March 2005 at the 917th meeting of the Ministers’ Deputies. 36 EU Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/ JHA), OJ L 082/1, 22/03/01, pp. 1-4. 28 Countering Terrorism, Protecting Human Rights