The International Federation for Human Rights (FIDH), the European Centre for Constitutional and Human Rights (ECCHR) and the organisation REDRESS called on the EU, in a report published on Monday 26 October, to do more to ensure access to justice in Europe for victims of international crimes.
While the EU is working to improve the position of victims of crime within the EU, as reflected in its strategy on victims’ rights for 2020-2025 (see EUROPE 12513/11), organisations claim that victims of serious international crimes - such as war crimes, crimes against humanity, crimes of genocide, torture and enforced disappearances - are often left out in the cold.
The report shows that they continue to face many obstacles, often arising from the difficulties inherent in the investigation and prosecution of such crimes at the national level.
Other obstacles result from the failure of Member States to implement their obligations under international law, in particular their obligation to incorporate serious international crimes into national law, the report explains. For example, several of the countries under review have yet to criminalise torture and enforced disappearance as stand-alone crimes. In addition, some severely limit the circumstances under which their domestic authorities can investigate or prosecute perpetrators of crimes committed abroad.
In order to overcome these obstacles, the report recommends that the EU integrate measures to improve the position of victims of serious international crimes into its strategy on victims’ rights and ensure the harmonisation and coherence of its internal and external policies in this area.
Greater cooperation at the regional and international levels, including support for the adoption of a new multilateral treaty on extradition and mutual legal assistance in respect of serious international crimes, would also be welcome, according to the organisations.
Finally, the report recommends that Member States recognise victims without discrimination on grounds of residence or nationality and without the need to determine whether or not the Member State in question has jurisdiction to investigate or prosecute the offender.
See the report: https://bit.ly/3ord41R (Original version in French by Marion Fontana)