Access to Justice and Administration of Justice

Abstract

This chapter aims to provide an overview of existing international legal instruments concerning aspects of access to justice and administration of justice and their relevance for victims of terrorism. As the CoE Guidelines on the Protection of Victims of Terrorist Acts is the main international legal instrument explicitly concerned with victims of terrorism (however not binding to its Member States), it will form the basis for the analysis in this context. Moreover, the CoE guidelines will be interpreted in the light of case law of the European Court of Human Rights. Further, the EU Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and the EU Council Framework Decision of 13 June 2002 on combating terrorism will be analysed. Moreover, relevant provisions of the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and those of the International Criminal Court (ICC) are presented. The focus will be put particularly on participatory rights of victims at international and national levels. Finally, it will be explored in how far these provisions have gained practical relevance through their implementation into national legislation of the Member States. A possible detriment of these findings is that these provisions only apply in cases where the terrorist is apprehended and a trial is initiated against the accused terrorist or terrorist group. Nevertheless, such provisions are needed for a fair trial against terrorists in order to secure that victims’ needs and rights are ensured. In this respect, it is not only important to see which provisions exist on paper, but also in how far they have gained practical relevance in the respective legislation of EU Member States.