Rights of victims of transnational crimes and mechanisms for their compensation
Keywords:
- Crime victims. - Victims' rights. - Compensation. - National funds.Abstract
Abstract: Victims of transnational crimes have a set of rights referred to in international conventions. Perhaps the most important of these rights is the right to equal access to justice, the right to satisfaction, the guarantee of non-repetition, and the right to access relevant information related to violations and reparation mechanisms. There are three ways through which a victim of a transnational crime can obtain compensation, which is either through national civil procedures, through a lawsuit filed before civil courts, or through national criminal procedures, where some countries allow a claim for compensation while filing a criminal lawsuit for a transnational crime. National Victims Compensation Funds also play an important role in compensating victims of transnational crimes. Countries that have not yet enacted laws guaranteeing victims of transnational crimes should move quickly in this direction due to the continuous increase in the number and diversity of transnational crimes.
References
Sources :
First: Scientific Journals and Periodicals:
- Tha’er Saad Abdullah, The Civil State’s Responsibility for Compensating Damages Resulting from Terrorist Operations in Iraqi Law, p. 72, p. 48, Middle East Research Journal, Ain Shams University, Egypt, 2022.
- Dr. Khalifa Ibrahim Awwad Al-Tamimi and Nour Sabah Yasser, Procedures and Nature of Compensation in the Criminal Justice System, Volume 6, Part 2, Journal of Legal and Political Sciences, 2017.
- Samghoni Zakaria, International and domestic legal mechanisms to combat transnational organized crime and ways to strengthen them, vol. 2, p. 15, Journal of Legal and Political Research, Dr. University. Moulay Taher Basaida - Algeria, 2020.
Second: Laws:
- Law No. 94 of 2012 regarding Iraq’s ratification of the Arab Convention against Corruption.
Third: International Agreements:
- The Trafficking in Persons Protocol.
- The International Covenant on Civil and Political Rights.
- The International Convention for the Protection of All Persons from Enforced Disappearance.
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Convention on the Rights of the Child.
- The Universal Declaration of Human Rights.
- The United Nations Convention against Transnational Organized Crime of 2000.
Fourth: International Publications:
- United Nations, General Assembly, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, RES/60/147/A, 2006.
- United Nations Office on Drugs and Crime: Legislative Guide to Implementing the United Nations Convention against Transnational Organized Crime, 2017, p. 148. https://www.unodc.org/documents/treaties/Legislative_Guide_2017/Legislative_Guide_A.pdf (4/25/2022).
- The United Nations Organization - Office on Drugs and Crime: Preparatory Work for the Negotiations on the Status of the United Nations Convention against Transnational Organized Crime and the Protocols Thereto, United Nations Publication, New York, 2009, p. 257. https://www.unodc.org/pdf/CTOCCOP/ctoccop2008/V0460072a.pdf (4/27/2022).
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Sixth: Foreign Sources:
A- Theses:
- Jeltsje Cusveller, Compensation for Victims of Human Trafficking: Inconsistencies, Impediments and Improvements, Master Thesis Criminology, Faculty of Law, VU University Amsterdam, 2015.
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Jeltsje Cusveller and Edward Kleemans, Fair compensation for victims of human trafficking? A case study of the Dutch injured party claim, International Review of Victimology, Vol 24, Issue 3, 2018.
M. Cherif Bassiouni, ‘International Recognition of Victims’ Rights’, Human Rights Law Review, vol. 6, 2006.
M. Cherif Bassiouni, “International Recognition of Victims’ Rights,” Human Rights Law Review, Volume 6, Issue 2, 2006, p.263-264.
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- Inter-American Convention on Violence against Women 1994.
- The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003.
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- United Nations General Assembly Resolution A/RES/64/293, 2010, United Nations Global Plan of Action to Combat Trafficking in Persons.
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- Anti-Slavery International, Opportunities and Obstacles: Ensuring Access to Compensation for Trafficked Persons in the UK (2009).
- “Principles and Guidelines on the Right to a Remedy and Reparation,” at Principles 22(a) and 22(b).
E- Decisions of international and regional courts:
- Rantsev v. Cyprus and Russia, Dec. No. 25965/04 (not yet reported), ECHR Jan 7, 2010).
- Korau v. Republic of Niger, Judgment No. ECW/CC/JUD/06/08 (ECOWAS Community Court of Justice, October 27, 2008)
- Siliadin v. France, 43 EHRR16 (ECHR, July 26, 2005).
