“Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power” of 1985
About Ignita Veritas United
Ignita Veritas United (IVU) is an inter-governmental organization (IGO) advancing human rights. It features Ignita Veritas University (IV University) - among only 5 universities in the world with diplomatic status, Magna Carta Bar Chambers (MCBC) - an international law firm of Barristers as the university law center, and Sovereign Court of International Justice (SCIJ) - operated by the independent Judiciary profession.
1
Sovereign Law Series
“Declaration of Basic Principles
of Justice for Victims of Crime
and Abuse of Power” of 1985
Short-Form Reference:
1985 “Declaration of Justice for Crime & Abuse of Power”
In-Line Micro Reference:
1985 “Justice for Crime & Abuse of Power”
Ratification / Registration:
UN-GA Res. 40/34 (29 Nov 1985)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power
PART A – Victims of Crime
Article 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.
Article 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.
Article 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.
4
Access to Justice and Fair Treatment
Article 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.
Article 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.
Article 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.
5
Article 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
Article 8
Offenders or third parties responsible for their behaviour should, where appropriate,
make fair restitution to victims, their families or dependents. 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.
Article 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.
Article 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.
Article 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.
6
Compensation
Article 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 dependents of persons who have died or become
physically or mentally incapacitated as a result of such victimization.
Article 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
Article 14
Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous means.
Article 15
Victims should be informed of the availability of health and social services and other
relevant assistance and be readily afforded access to them.
Article 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.
7
Article 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.
PART B – Victims of Abuse of Power
Article 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.
Article 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.
Article 20
States should consider negotiating multilateral international treaties relating to
victims, as defined in paragraph 18.
Article 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.
Sovereign Law Series
“Declaration of Basic Principles
of Justice for Victims of Crime
and Abuse of Power” of 1985
Short-Form Reference:
1985 “Declaration of Justice for Crime & Abuse of Power”
In-Line Micro Reference:
1985 “Justice for Crime & Abuse of Power”
Ratification / Registration:
UN-GA Res. 40/34 (29 Nov 1985)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power
PART A – Victims of Crime
Article 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.
Article 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.
Article 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.
4
Access to Justice and Fair Treatment
Article 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.
Article 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.
Article 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.
5
Article 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
Article 8
Offenders or third parties responsible for their behaviour should, where appropriate,
make fair restitution to victims, their families or dependents. 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.
Article 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.
Article 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.
Article 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.
6
Compensation
Article 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 dependents of persons who have died or become
physically or mentally incapacitated as a result of such victimization.
Article 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
Article 14
Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous means.
Article 15
Victims should be informed of the availability of health and social services and other
relevant assistance and be readily afforded access to them.
Article 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.
7
Article 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.
PART B – Victims of Abuse of Power
Article 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.
Article 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.
Article 20
States should consider negotiating multilateral international treaties relating to
victims, as defined in paragraph 18.
Article 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.