E/CN.4/1996/72/Add.3
page 45
A.
VICTIMS PROTECTED
Victims of offences with racist or religious motivations may be a person
designated individually or a group of persons recognizable on account of their
origin or membership (or non-membership) of a particular ethnic group, nation,
race or religion.
This enumeration makes it possible to protect not only persons of colour
or believers of a particular religion (Christians, Muslims, Jews, etc.), but
also those who are designated by their nationality (anti-French "racism", for
example) or by their membership of a particular regional group (such as
Basques or Corsicans).
B.
(1)
VARIETY OF REMEDIES AVAILABLE
Ordinary remedies
Victims may, within the periods allowed by the law, institute criminal
proceedings against the perpetrators of any of these offences using the
traditional means available to any victim of an offence:
Issuing of a summons, whereby direct application may be made to the
criminal courts without a preliminary examination, the person identified
as having committed the offence being served notice by a marshal;
Lodging of a complaint directly with the Government Procurator, or with
the police for transmittal to the Procurator, who will consider the
merits of the complaint and decide what action must be taken;
Institution of criminal indemnification proceedings: during the
criminal proceedings, the victim may claim indemnification for injury
caused to him or her by the offence;
Filing of a complaint with the examining magistrate to institute
indemnification proceedings.
The Government Procurator's Office may itself institute criminal
proceedings.
(2)
Special role of associations combating racism
The legislature has sought to give associations which combat racism a
special role in instituting criminal proceedings.
Victims are very often not aware of their rights or not prepared to
lodge a complaint. The intervention of an association, aside even from the
case in which the association itself claims to have suffered injury, offers
them assistance and support. It also allows class actions to be brought when
several persons are victims of the same offence.
Associations authorized to act
Article 48-1 of the 1881 Act, resulting from the Act of 1 July 1972,
authorizes associations proposing under their statutes "to combat racism" to
exercise the rights granted to the claimant for criminal indemnification. The