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The role of victims of terrorism in countering the terrorist narrative
Geneva, Switzerland
14 June 2013
Ms. Marta Requena
Chief, Terrorism Prevention Branch
United Nations Office on Drugs and Crime
Dear Colleagues and Friends,
I
would
like
to
thank
the
United
Nations
Counter-Terrorism
Implementation Task Force Office and the Government of Switzerland
for organizing this conference and for inviting UNODC to participate. I
am particularly pleased in this session on The role of victims of
terrorism in countering the terrorist narrative as the Terrorism
Prevention Branch of the United Nations Office on Drugs and Crime has
been active on the issue of victims of acts of terrorism and I look
forward to sharing some of our efforts in this area today.
As you all know, the Terrorism Prevention Branch of UNODC is the key
actor within the United Nations’ system for providing legal technical
assistance to Member States in order to strengthen their capacity to
effectively prevent and combat terrorism. We are assisting Member
States in establishing counter-terrorism legislation and we are
providing capacity building assistance to effectively implement this
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legislation. And, in particular, a key component of successful counterterrorism legislation is support to victims of terrorism.
In addition,
countering the appeal of terrorism is a very important piece in
preventing terrorism •
We are supporting Member States in establishing preventative
criminal offenses in order to combat the glorification of terrorist
acts, incitement, recruitment, training, and planning of a terrorist
act, including those offenses committed through the internet.
•
In this area, it is important to recognize the role that victims of
terrorism can play in countering the appeal of terrorism. Under no
circumstances, should victims of terrorism be used or exploited.
However, the stories of victims of terrorism can certainly serve as a
powerful
counter-narrative
against
terrorism,
showing
that
terrorism can affect anyone, anywhere, at any time, regardless of
their status.
When speaking about victims of terrorism, there are three main areas:
•
One, support and assistance to victims of terrorism.
•
Two, the key role that victims can play before, during and after
criminal legal proceedings.
3
•
And third, which I have already mentioned, the role that victims of
terrorism can play in countering the appeal of terrorism through
countering the terrorist narrative.
Unfortunately, historically these victims have been forgotten in
counter-terrorism legislation and policies. Since the 1970’s, there have
been increasing efforts to revitalize the role of the victim and to
mobilize governmental sectors and civil society in granting specific
rights and affording comprehensive support to victims of terrorism and
their families.
On key milestone in these efforts was in 2006, when the General
Assembly adopted the United Nations Global Counter-Terrorism
Strategy in which, for the first time, Member States acknowledged that
an important component of the fight against terrorism is the role of
those who suffer most: the victims and their families. Then, in 2008,
the United Nations convened a symposium that brought together
national governments, civil society and victims of terrorism to discuss
practical
solutions
and
create
a
set
of
recommendations
strengthening support to victims and their families.
for
4
In 2009, General Assembly Resolution 64/168 emphasized the
importance of integrating the victims’ perspective into the framework
of the counter-terrorism work of UNODC and, in 2011, General
Assembly Resolution 66/178 requested UNODC ‘to continue to develop
specialized legal knowledge in…pertinent thematic areas […] and to
provide assistance to requesting Member States with regard to criminal
justice responses to terrorism, including […] assistance and support to
victims of terrorism’.
In response to these resolutions and within its mandate related to the
prevention and suppression of terrorism, UNODC launched a technical
assistance training tool in November 2011 on The Criminal Justice
Response to Support Victims of Acts of Terrorism which takes stock of
national experiences and good legal practices to support victims of acts
of terrorism, addressing relevant international standards and norms as
well as national legislation.
This tool, available in all UN official
languages, is intended to help Member States strengthen the
implementation of legislation and policies that support and protect
victims of terrorism and is not only a reference guide but is being fully
integrated into UNODC’s capacity-building activities.
Please allow me
to highlight now some of the important points
emphasized in the publication:
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1. There is no universally accepted definition of victim of acts of
terrorism.
At the regional level, the Council of Europe has
developed a definition in its 2005 Guidelines on the Protection of
Victims of Terrorist Acts. It is worth noting that already in 2001 the
European Court of Human Rights recognized that the family of a
victim can, in certain cases, be considered as a victim.
2. At the universal level, there are no guidelines/principles devoted to
victims of acts of terrorism. To date, victims of terrorism are dealt
with under the broader category of victims of crime, namely under
the UN GA 1985 Declaration of Basic Principles of Justice for Victims
of Crime and Abuse of Power.
3. Victims of acts of terrorism deserve support and assistance, in
particular: physical and psychological assistance, including medical
treatment as well as support for their reintegration into society.
4. Victims of acts of terrorism can play a key role before, during and
after the criminal proceedings. In particular, their rights include:
•
having a legal standing/status in the proceedings (not only as a
witness but also as an active party in the process),
•
access to justice (including information on the proceedings and
their rights, free interpreter if needed and free legal assistance),
6
•
protection during the criminal proceedings to avoid double
victimization
(e.g.
threats
and
intimidation,
humiliation,
exposure to media, protection of privacy.), and
•
integral reparation (not limited to compensation but should also
entail restitution, rehabilitation and guarantees of non-repetition)
In this publication, there are also reference to the role of victims of
terrorism can play in countering the appeal of terrorism which is a
concept that was recently affirmed by Third Review of the United
Nations Global Counter-Terrorism Strategy. Victims of terrorism give a
human face to the heartbreaking consequences of terrorism. As the
Secretary General of the United Nations Ban Ki-Moon said, speaking to
victims of terrorism in 2008
‘Your stories of how terrorism has
affected your lives are our strongest argument why it can never be
justified. By giving a human face to the painful consequences of
terrorism, you help build a global culture against it.’
We should not
underestimate the important role that these victims can play in
providing a powerful counter-narrative against terrorism.
One example of the role that victims of terrorism can play in shaping
the views of society against terrorism is that of Miguel Ángel Blanco, a
municipal counselor from Ermua, Spain.
In July 1997, Blanco was
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kidnapped and eventually killed by the Basque terrorist group ETA. It
was a tragic event that captured the consciousness of the Spanish
society.
The
killing
of
Miguel
Angel
Blanco
caused
mass
demonstrations against the ETA throughout Spain, led to the formation
of several anti-terrorism associations, and hardened Basque and
Spanish public opinion against the terrorist group.
This is just one
example of many where the stories of victims of terrorism can build a
culture against it.
At UNODC, we believe that victims of terrorism must be a key actor and
integral part of any national counter-terrorism policy, as is referenced
in the UNODC handbook that I outlined.
In particular, following the request of the 22nd session of UN
Commission on Crime Prevention and Criminal Justice in April of this
year, we plan to start the preparation of a set of best practices, in close
coordination with Member States, on assistance to and support for
victims of terrorism, including the role of victims within the criminal
justice framework.
Obviously when developing this set of best
practices, we will take into account the previous work already carried
out in this field at the international and national level, in particular the
Council of Europe’s 2005 Guidelines on the Protection of Victims of
Terrorism but also the most recent policy documents adopted in the
8
framework of the Global Counter-Terrorism Forum including the
Madrid Declaration and Plan of Action on Victims of Terrorism and the
current draft memorandum on Good Practices for Assistance to Victims
of Terrorism Immediately After the Attack and in Criminal Proceedings.
In conclusion, I would like to underline with due respect for the dignity
of the victims and paying attention to avoid revictimization, UNODC
believes that the counter-narrative provided by the stories of victims of
terrorism can play an important role in countering violent extremism
and in countering the appeal of terrorism.