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犯罪及权力滥用受害者恢复正义基本原则

犯罪及权力滥用受害者恢复正义基本原则(1985)
   Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
   Adopted by General Assembly resolution 40/34 of 29 November 1985
   南郭点评:中国号称已签署25个国际人权公约,然而凡是真正与国人切身利益相关者几乎皆未批准加入,这是中共专制暴政当局故意所为,诸如涉及法官,律师,检察官及受害者和有关囚犯的相关国际公约,凡是涉及反对政治信仰等歧视的国际公约一概被故意拒之门外,由此足证中共政权系以人民为敌之之专制暴政。本宣言所定义之受害人在中共专制暴政下没有丝毫正义可言,上访人员中有成千上万此种受害者,申冤数十年得不到丝毫帮助者不计其数,依该公约,维护受害人的正义是国家的责任。亦即若犯罪人无能力赔偿,或找不到犯罪人,国家有义务赔偿受害人。
   A. Victims of Crime
   1. "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.
   2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.
   3. The provisions contained herein shall be applicable to all, without distinction of any kind, such as race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability.
   Access to justice and fair treatment
   4. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.
   5. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms.
   6. The responsiveness of judicial and administrative processes to the needs of victims should be facilitated by:
   (a) Informing victims of their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information;
   (b) Allowing the views and concerns of victims to be presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system;
   (c) Providing proper assistance to victims throughout the legal process;
   (d) Taking measures to minimize inconvenience to victims, protect their privacy, when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;
   (e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims.
   7. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and redress for victims.
   
   Restitution
   8. Offenders or third parties responsible for their behaviour should, where appropriate, make fair restitution to victims, their families or dependants. Such restitution should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights.
   9. Governments should review their practices, regulations and laws to consider restitution as an available sentencing option in criminal cases, in addition to other criminal sanctions.
   10. In cases of substantial harm to the environment, restitution, if ordered, should include, as far as possible, restoration of the environment, reconstruction of the infrastructure, replacement of community facilities and reimbursement of the expenses of relocation, whenever such harm results in the dislocation of a community.
   11. Where public officials or other agents acting in an official or quasi-official capacity have violated national criminal laws, the victims should receive restitution from the State whose officials or agents were responsible for the harm inflicted. In cases where the Government under whose authority the victimizing act or omission occurred is no longer in existence, the State or Government successor in title should provide restitution to the victims.
   Compensation
   12. When compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to:
   (a) Victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes;
   (b) The family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization.
   13. The establishment, strengthening and expansion of national funds for compensation to victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in those cases where the State of which the victim is a national is not in a position to compensate the victim for the harm.
   Assistance
   14. Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means.
   15. Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them.
   16. Police, justice, health, social service and other personnel concerned should receive training to sensitize them to the needs of victims, and guidelines to ensure proper and prompt aid.
   17. In providing services and assistance to victims, attention should be given to those who have special needs because of the nature of the harm inflicted or because of factors such as those mentioned in paragraph 3 above.
   B. Victims of Abuse of Power
   18. "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights.
   19. States should consider incorporating into the national law norms proscribing abuses of power and providing remedies to victims of such abuses. In particular, such remedies should include restitution and/or compensation, and necessary material, medical, psychological and social assistance and support.
   20. States should consider negotiating multilateral international treaties relating to victims, as defined in paragraph 18.
   21. States should periodically review existing legislation and practices to ensure their responsiveness to changing circumstances, should enact and enforce, if necessary, legislation proscribing acts that constitute serious abuses of political or economic power, as well as promoting policies and mechanisms for the prevention of such acts, and should develop and make readily available appropriate rights and remedies for victims of such acts.

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