persons. By addressing crimes committed against minority communities,
States signal a break with the past, contribute to rebuilding confidence in public
institutions and deter future violations.
Criminal prosecutions should be underpinned by a coherent and effective
investigative and prosecutorial strategy. Prosecutions should be based on clear
objectives and thorough investigations of all crimes on all sides of the conflict.
Due to the scale of violations, it may not be realistic or possible, however, to
try all perpetrators. Strategies for prosecution should therefore focus on the
systemic aspects of serious human rights violations, and clear and transparent
criteria should be used to select and prioritize cases for prosecution. Criminal
justice efforts must also adhere to the principles of fair trial, due process and
access to justice for victims, including minority victims. Prosecutions need to
be supported by a robust communication and outreach strategy to minority
communities in a language they understand, and preferably in their language,
to explain and clarify judicial outcomes, as they may not always meet the
expectations of minority victims. Attention should be paid not to expose victims
and witnesses to repeat victimization or secondary victimization, including by
protecting the identity of victims and witnesses. This is particularly important in
cases of gender-based violence, which affects women disproportionally.
iv. Reparations57
State-run reparations programmes should seek to redress damage suffered
by minority victims or communities as a consequence of serious human rights
violations committed against them. This can be achieved through restitution
which, whenever possible, should restore victims to their original situation before
serious violations of human rights law occurred. Reparations can also take the
form of financial compensation to victims for their loss, while rehabilitation (for
example through medical and psychological services or pension benefits) is
another type of reparations. Sanctions against those liable for the violations also
constitute reparations and so do efforts to locate those missing, abducted or
killed. Reparation policies may be designed on the basis of recommendations
made by truth commissions or national human rights institutions.
Access to reparations should be as inclusive as possible to avoid any further
marginalization of minority victims or communities, and to demonstrate the
State’s commitment to address the past and to strengthen social cohesion.
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UN Security Council (2004) Report of the Secretary-General: The Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies, section XVI.
The Graz Recommendations on Access to Justice and National Minorities