Bearing in mind the European Convention on Human Rights (ETS No. 5, hereinafter “the Convention”), in the light of the relevant case law of the European
Court of Human Rights (“the Court”), as well as the standards of the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment and other relevant standards established within the framework
of the Council of Europe;
Stressing that the full and speedy execution of the judgments of the Court is
a key factor in combating impunity;
Bearing in mind the Set of Principles for the Protection and Promotion of
Human Rights through Action to Combat Impunity of the United Nations
Commission on Human Rights;
Recalling the importance of the right to an effective remedy for victims of human
rights violations, as contained in numerous international instruments – notably
in Article 13 of the Convention, Article 2 of the United Nations International
Covenant on Civil and Political Rights and Article 8 of the Universal Declaration
on Human Rights – and as reflected in the United Nations General Assembly’s
Principles and Guidelines on the Right to a Remedy and Reparation for Victims
of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law;
Having regard to the Council of Europe Committee of Ministers’ Recommendation
Rec(2006)8 to member states on assistance to crime victims of 14 June 2006,
and the United Nations General Assembly’s Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power;
Bearing in mind the need to ensure that, when fighting impunity, the fundamental rights of persons accused of serious human rights violations, as well
as the rule of law, are respected,
Adopts the following guidelines and invites member states to implement
them effectively and ensure that they are widely disseminated, and where
necessary translated, in particular among all authorities responsible for the
fight against impunity.
I. The need to combat impunity
1. These guidelines address the problem of impunity in respect of serious
human rights violations. Impunity arises where those responsible for acts that
amount to serious human rights violations are not brought to account.
Appendices ► Page 119
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents