Читать книгу Macrovictimización, abuso de poder y victimología: impactos intergeneracionales - Gema Varona Martínez - Страница 34

While European initiatives to strengthen the fight against terrorism have considerably increased since the beginning of the twenty-first century, little attention has been paid to victims of terrorism. Nevertheless, a number of soft law instruments have gradually been developed to improve assistance and support to victims of terrorism (such as the Guidelines on the protection of victims of terrorist acts of the Council of Europe173). In addition, we have seen that more and more instruments relating to the fight against of terrorism or the prevention of radicalization explicitly include provisions aimed at improving assistance, support and protection of victims of terrorism (such as the 2005 Convention on the Prevention of Terrorism or the 2017 EU Directive on Combating Terrorism).

The question of the need to provide for a specific status and differential treatment for victims of terrorism has been discussed on several occasions. In this respect, it should be noted that the discussions held in the Council of Europe and the EU did not result in a unanimous position. However, a consensus was reached on the symbolic value attached to victims of terrorism who are randomly killed as representatives or “symbols” of the targeted group, its values and its people. In this sense, the victims of terrorism would represent an image of “sacrifice” in the name of the community, implying that this community, represented by public authorities, has a greater responsibility and duty of solidarity towards them.

While there is a certain consensus on the specific value/status of victims of terrorism, the specificity of their needs and the necessity to provide them with special treatment are more controversial. In this respect, several European instruments note that the needs of victims of terrorism do not differ significantly from those of victims of serious crimes174. This is in line with most scientific studies carried out on this subject. However, we have seen that other European instruments insist on the specificity of their needs, stressing that victims of terrorism are particularly vulnerable and need special protection measures175. These instruments underline the particularly strong psychological impact of terrorist attacks and the higher risk of secondary victimization, in particular because of the media coverage of the attacks and the ideological dimension of terrorism.

These two factors (mediatisation and ideological purpose of terrorist attacks) also favour the development of strong emotional reactions among the targeted population who might blame the state or European organizations for failing their duty to guarantee the security of their citizens176. This could put more pressure on these political bodies to become more supportive towards victims of terrorism177.

Based on the above, it has been suggested that the specific treatment of victims of terrorism should be understood in the light of the political and ideological issues raised by terrorism and of the symbolic value of its victims as representatives of the targeted population, rather than because of the specificity of their needs. This is illustrated by the fact that the specific legislations adopted for victims of terrorism contain very similar provisions to those provided by the instruments concerning assistance to victims of crime in general. Nevertheless, it is possible to identify certain provisions and measures of assistance specifically designed for victims of terrorism.

For instance, the often massive and transnational nature of terrorism victimization is taken into account by several provisions aimed at improving the capacity of European states to respond to large-scale attacks (strengthening of national emergency response frameworks, reinforcement of inter-state cooperation and coordination to ensure effective emergency and long-term assistance, particularly for foreign victims, etc.)178. However, it should be noted that, even though these provisions are not commonly included in European legislations concerning assistance to crime victims, they are very similar to those provided in the European instruments regulating management of large-scale natural disasters179.

Regarding the compensation of victims of terrorism, we have seen that several European instruments highlight particular difficulties that victims may face. For instance, it is pointed out that terrorist perpetrators are often not prosecuted (e.g. in the case of suicide bombings), which can be problematic in countries where the compensation of victims depends solely on the outcome of legal proceedings against the perpetrator of the crime180.

Considering the mass-victimization terrorism can provoke, several provisions also stress the need to guarantee subsidiary compensation by the State, eventually in collaboration with the insurance sector181. This obligation of compensation is generally governed by the principles of subsidiarity and of territoriality182. While the principle of subsidiarity implies that the obligation of compensation by the State becomes effective only if it cannot be provided by those responsible for the terrorist act, the principle of territoriality implies that the primary responsibility for ensuring the compensation of victims rests with the State on whose territory the terrorist act took place, regardless of the nationality of the victims.

The Council of Europe also encouraged the creation of a specific compensation funds for victims of terrorism, whether at national or European level183. At EU level, it has been suggested that a European Fund for Victims of Terrorism could cover not only the compensation of victims, but also awareness campaigns, technical assistance, training and support to victims’ associations, etc.184. Besides material and financial compensation, many European instruments insist on the need to adopt restorative measures in order to address the physical, moral and psychological reparation and rehabilitation of victims of terrorism185.

In particular, the European institutions have encouraged the development of commemoration and tribute measures for the victims of terrorism. These measures have multiplied over the years (observation of minutes of silence, construction of memorials, organization of commemoration ceremonies/days, etc.)186. The positive impact of these measures has been highlighted by several European instruments that underline their capacity to strengthen the resilience, the dignity and the recognition of victims of terrorism, while enabling the targeted community to pay tribute to them as a gesture of solidarity187. However, it should be noted that some victims complained about the too “formal” or bureaucratic aspect of some of these measures, which would not take enough into account the needs and expectations of the victims in the planning of their organization. In this respect, it should be noted that several European instruments encourage the participation of victims of terrorism in the drafting of legislation and measures that concern them. Besides, we have seen that several European instruments aim to strengthen their role and participation in the fight against terrorism, stressing that their specific status gives them greater legitimacy and credibility to counter extremist rhetoric and prevent radicalization188. The participation of victims was also presented as a way to strengthen their recognition and resilience, giving them a voice and the opportunity to express themselves189.

In addition to the participation of the direct victims of terrorism, the role of civil society is encouraged by a multitude of European instruments that call on Member States to strengthen the participation of civil society in the fight against terrorism and the prevention of radicalization, on the one hand, and in the assistance to victims, on the other hand190. More particularly, the role of civil society associations, local leaders, influential/famous people and relatives of people who may be radicalized (parents, brothers, sisters, teachers, religious leaders, etc.) is encouraged by many counter-terrorism instruments191, which invite States to organize, for all these actors, specific training on assistance to victims of terrorism but also on the prevention of radicalization and the promotion of intercultural dialogue and tolerance192.

Another peculiarity that can be observed in European legislation regarding victims of terrorism is the increased concern for the vulnerability of victims to the (over)mediatisation of terrorist attacks. Regarding the additional damage media can cause to the direct victims of terrorist acts (violation of their dignity/privacy, reinforcement of their feeling of dehumanization and instrumentalisation, risk for their security, etc.193), several European instruments insist on the need to protect victims against intrusive practices of the media, encouraging states and the media sector to adopt regulation measures in order to guarantee the security, the privacy and the protection of the dignity of victims and their relatives194. Some of the texts also highlight the positive impact that the media could have on direct victims, by offering them the opportunity to express themselves if they wish and by promoting public awareness of their situation. The mediatisation of victims’ testimonies was also presented as an effective means to illustrate the human consequences of terrorism and to counter terrorist propaganda195.

Besides the risks resulting from the mediatisation of terrorism, the European institutions pay specific attention to the psychological impact of terrorist attacks. The need to provide psychological support on the short, medium and long term is emphasized not only for direct victims but also for their relatives who may suffer serious psychological damage, especially when faced with the uncertainty and suffering related to the long and difficult identification of victims of large-scale terrorist attacks196. The immediate family members of deceased victims are also granted a series of rights similar to those provided for direct victims (right to information, compensation and assistance, effective access to justice, participation in the judicial process, etc.).

In addition to the relatives of the direct victims, we have seen that members of the target population may suffer significant damage (psychological, material, financial) as an indirect result of terrorist attacks197. Even though these numerous vicarious victims are generally not included in the European definitions of “victims of terrorism”, we have examined several provisions and instruments aimed at strengthening the protection of their fundamental rights (protection of the right to life, to security, to live free from fear; improvement of civil protection, communication and provision of accurate information to the population to limit the psychological and financial impact of large-scale attacks, etc.)198. It should also be noted that some provisions encourage the adoption of symbolic or collective reparation measures (such as the granting of funds for the construction of hospitals, memorials, schools, etc.), emphasizing the broader impact terrorism may have on the community associated with the direct victims of the attacks199. Beyond vicarious victims among the target population, we have seen that victims of the fight against terrorism are protected by a multitude of laws, insofar as they suffer serious violations of their fundamental rights.

As guardian of human rights in Europe, the Council of Europe has been particularly active in this area, adopting a series of instruments specifically dedicated to the respect and protection of human rights in the fight against terrorism (such as the 2002 Guidelines on Human Rights and the fight against terrorism or the Recommendation 1550 (2002) on the fight against terrorism and respect for human rights). Besides, many counter-terrorism instruments adopted within the Council of Europe200 and the EU201 include provisions aimed at ensuring compliance with International and European Human Rights Law and, more broadly, all other obligations under International law, including International Humanitarian Law and Refugee Law.

It should also be noted that, in order to strengthen the rights of victims of the fight against terrorism, several European provisions require States to ensure effective remedies and a right to reparation for victims of human rights violations committed in the context of the fight against terrorism202. In addition, a series of provisions aim to protect the rights of former terrorist fighters and detainees during and after their release from prison, while offering them learning and development opportunities203. Member States are also encouraged to develop rehabilitation, de-radicalization and reintegration programs for these detainees as well as for their family members, in particular for their children204. Thus, both the Council of Europe and the EU stress the need to combat the growing phenomenon of discrimination and stigmatization of minorities associated (by error) with the perpetrators of terrorist acts (i.e., the Arab-Muslim Community)205. The European institutions address not only the issue of discrimination that may result from the adoption or implementation of counter-terrorism measures, but also the phenomenon of discrimination and vicarious retribution arising from social reactions to terrorist attacks206.

Pointing out that this additional victimization favors the spread of terrorism207, the Council of Europe and the EU call on Member States to take effective measures to strengthen the rights and protection of minority communities against the risk of retaliation and discrimination following terrorist attacks208. In such perspective, States are invited to promote a climate of tolerance, mutual respect and interreligious dialogue, while combating nationalistic, racist and xenophobic drifts, as well as the assimilations of terrorism with the Arab-Muslim Community209. To this end, collaboration with the media, the youth sector and civil society is strongly encouraged. The creation of a specialized and independent body providing support and legal assistance to victims of racism or discrimination resulting from the fight against terrorism is also supported by the European Commission against Racism and Intolerance of the Council of Europe (ECRI)210.

On the basis of the above, it can be concluded that even though they are not included in the legal definitions of “victims”, the vicarious or indirect victims of terrorism are protected by a series of instruments and provisions adopted by the EU and the Council of Europe. Direct victims of terrorism have also been subject to an increasing number of protective measures and instruments aimed at improving assistance and protection of their rights. However, we have seen that these provisions are very similar to those provided for victims of criminal offenses or serious violence and, as the case may be, for victims of violations of human rights. Some specificities have nevertheless been underlined, such as the organization of commemoration measures and ceremonies (e.g. the proclamation of 11 March as “European Day of Remembrance of Victims of Terrorism”), the collective/symbolic reparation measures (e.g. the establishment of a European compensation fund for victims of terrorism, the granting of a specific status or the awarding of medals to victims, etc.), the participation of victims and civil society in the fight against terrorism and the promotion of their rights, the protection against mediatisation of terrorist attacks, etc.).

1. Accredited mediator and PhD researcher at Université Saint Louis (Brussels).

2. A. Schmid, J. Albert et A. Jongman, Political terrorism: A new guide to actors, authors, concepts, data bases, theories and literature, London, Routledge, 2017. p. 5; R. Ego, “Le terrorisme du XXIe siècle, une coproduction de la mondialisation”, Entretien avec Antoine Garapon, in: “De la terreur au terrorisme “, La pensée de midi 2010/2 (n.° 31), p. 193; P. Mannoni, “Les Logiques du terrorisme”, Les cahiers psychologie politique [En ligne], numéro 6, Janvier 2005. URL: http://lodel.irevues.inist.fr/cahierspsychologiepolitique/index.php?id=1251, p. 69 et p 87; H. L’Heuillet, Aux sources du terrorisme: de la petite guerre aux attentats-suicides, Paris, Press Éditions, 2004, p. 74; A. Conte, Human Rights in the Prevention and Punishment of Terrorism, Berlin-Heidelberg, Springer-Verlag, 2010, p. 7 et s.

3. M.H. Gozzi, Le terrorisme, Paris, Ellipses, 2003, p. 33; A. Pemberton, “Terrorism, Forgiveness and Restorative Justice”, Oñati Socio-legal Series, 2014, 4, p. 369-389; R. Letschert et al., Assisting Victims of Terrorism: Towards a European Standard of Justice, Londres, Springer, 2010, p. 300 et s.; A. Schmid, “Magnitudes and Focus of Terrorist Victimisation”, in U. Ewald et K. Turkovic, Large- Scale Victimisation as a Potential Source of Terrorist Activities, Importance of regaining security in post- conflict societies, Amsterdam, IOS Press, 2006.

4. A. Schmid, J. Albert et A. Jongman, Political terrorism: A new guide to actors, authors, concepts, data bases, theories and literature, op. cit., p. 5; M.H. Gozzi, Le terrorisme, op. cit., p. 33; A. Pemberton, “Terrorism, Forgiveness and Restorative Justice”, op. cit., p. 369-389; R. Letschert et al., Assisting Victims of Terrorism: Towards a European Standard of Justice, Londres, Springer, 2010, p. 300 et s.; A.P. Schmid, “Magnitudes and Focus of Terrorist Victimization”, op. cit; R. Ego, “Le terrorisme du XXIe siècle, une coproduction de la mondialisation”, Entretien avec Antoine Garapon, in: “De la terreur au terrorisme”, La pensée de midi 2010/2 (n.° 31), p. 193; P. Mannoni, Logiques du terrorisme, op. cit., p. 69 et p 87; H. L’Heuillet, Aux sources du terrorisme: de la petite guerre aux attentats-suicides, Paris, Press Éditions, 2004, p. 74; A. Conte, Human Rights in the Prevention and Punishment of Terrorism, Berlin-Heidelberg, Springer-Verlag, 2010, p. 7 et s.

5. J. Salguero et al., “Major depressive disorder following terrorist attacks: A systematic review of prevalence, course and correlates”, BMC Psychiatry, 2011, 96, p. 2-11; W. Schlenger et al., “Psychological reactions to terrorist attacks: findings from the National Study of Americans’ Reactions to September 11”, JAMA, 288(5), p. 591-598; R. Silver et al., “Nationwide longitudinal study of psychological responses to September 11”, JAMA., 2002, 288(10) p. 1235-1244; M. Schuster et al., “A national survey of stress reactions after the September 11, 2001, Terrorist attacks”, New England Journal of Medicine, 345(20), p. 1507-1512; B.S. Frey et al., “Calculating tragedy: assessing the costs of terrorism”, Journal of Economic Surveys, 2007, (n.° 21), p. 1-24.

6. Association Internationale de Droit Pénal, “Victimes et terrorisme”, op. cit., p. 228 et s., p. 320 et p. 417 et s.; E. David, “Le contrôle judiciaire des sanctions individuelles prises par l’UE dans le cadre de la lutte contre le terrorisme”, in Mélanges en hommage à Georges Vandersanden, Bruxelles, Bruylant, 2008, p. 441-460; F. Leclercq et D. De Roy, “Terrorisme, droits de l’homme, Conseil de sécurité de l’O.N.U. et jurisprudence des juridictions de l’Union européenne”, in Liber amicorum Michel Melchior – Liège, Strasbourg, Bruxelles: parcours des droits de l’homme, Limal, Anthemis, 2010, p. 769-791; E. Bribosia et A. Weyenbergh, La lutte contre le terrorisme et droits fondamentaux, Bruxelles, Némésis-Bruylant, 2002; P. De Hert et al., “La montée de l’Etat pénal: que peuvent les droits de l’homme?”, in Y. Cartuyvels, H. Dumont, Fr Ost, M. Van De Kerchove et S. Van Drooghenbroeck, Les droits de l’homme: bouclier ou épée du droit pénal?, Bruxelles, Publications des FUSL/Bruylant, 2007; M. van de Kerchove et A. Weyemebergh, “La transposition des normes européennes: transferts de sens et de pouvoirs: L’exemple de la décision-cadre du 13 juin 2002 relative à la lutte contre le terrorisme”, in A. Bailleux, Y. Cartuyvels, H. Dumont et F. Ost, Traduction et droits européens: enjeux d’une rencontre. Hommage au recteur Michel van de Kerchove, Bruxelles, Publications des FUSL, 2009, p. 225-313; J. Raflik, Terrorisme et mondialisation. Approches historiques, Paris, Gallimard, 2016, p. 324; J. A. Burger, “Terrorism”, Military Law and Law of War Review, 2003, 42, p. 470 et s; H. Carvalho, “Terrorism, Punishment, And Recognition”, New Criminal Law Review, 2012, 15, p. 346 et s.; R.A. Duff, “Notes on Punishment and Terrorism”, American Behavioral Scientist, 2008, 6, p. 758 et s.

7. The position of the GW Bush administration that considered that terrorists do not benefit from the protection of the status of prisoners of war was used to “justify” numerous practices of torture on persons detained by the United States in the US military detention center of Guantanamo Bay.

8. According to the International Physicians for the Prevention of Nuclear War (“IPPNW”) organization, this “war against terror” has caused, in the twelve years following its launch in 2001, the death of at least 1.3 million civilians, including many children, and this only in Iraq (about one million), Afghanistan (220,000) and Pakistan (80,000) (“IPPNW”, prix Nobel de la paix en 1985), “Body Count: Casualty Figures after 10 years of the ’War on Terror’”, 1st éd.: Washington, Berlin and Ottawa, March 2015. Available on: http://www.psr.org/assets/pdfs/body-count.pdf. See also: J. Raflik, Terrorisme et mondialisation. Approches historiques, op. cit., p. 324; T. Delpeche, “Le terrorisme international et l’Europe”, op. cit., p. 38.

9. R. Letschert & van Dijk, The New Faces of Victimhood - Globalization, Transnational Crimes and Victim Rights, London, Springer, 2011, p. 240-251; G.J. Rubin et al., “Psychological and behavioural reactions to the bombings in London on 7 July 2005: cross sectional survey of a representative sample of Londoners”, British Medical Journal, 2005, 331, p. 606 et s.; G.J. Rubin et al., “Enduring consequences of terrorism: 7-month follow-up survey of reactions to the bombings in London on 7 July 2005”, British Journal of Psychiatry, 2007, 190, p. 350-356; V. M. Esses et al., “Public Attitudes Toward Immigration in the United States and Canada in response to the 11 September, 2001 “Attack on America”, “Analyses of Social Issues and Public Policy”, 2002, 1, p. 69-85.

10. According to Lickel et al., there is vicarious retribution when a member of a group commits an act of aggression against a member of an outgroup that he/she considers liable for an act that caused damage to a member of his own group but that had no personal consequence for him/her (B. Lickel et al., “Vicarious retribution: The role of collective blame in intergroup aggression”, Personality and Social Psychology Review, 2006, 10, p. 372-390).

11. J. Salguero et al., “Major depressive disorder following terrorist attacks: A systematic review of prevalence, course and correlates”, BMC Psychiatry, 2011, 96, p. 2-11; W. Schlenger et al., “Psychological reactions to terrorist attacks: findings from the National Study of Americans’ Reactions to September 11”, JAMA, 288(5), p. 591-598; R. Silver et al., “Nationwide longitudinal study of psychological responses to September 11”, JAMA., 2002, 288(10) p. 1235-1244; M. Schuster et al., “A national survey of stress reactions after the September 11, 2001, Terrorist attacks”, New England Journal of Medicine, 345(20), p. 1507-1512; B.S. Frey et al., “Calculating tragedy: assessing the costs of terrorism”, Journal of Economic Surveys, 2007, (n.°21), p. 1-24; E. David, “Le contrôle judiciaire des sanctions individuelles prises par l’UE dans le cadre de la lutte contre le terrorisme”, op. cit., p. 441- 460; F. Leclercq et D. De Roy, “Terrorisme, droits de l’homme, Conseil de sécurité de l’O.N.U. et jurisprudence des juridictions de l’Union européenne”, op. cit., p. 769-791; J. Raflik, Terrorisme et mondialisation. Approches historiques, op. cit., p. 324; T. Delpeche, “Le terrorisme international et l’Europe”, op. cit., p. 38; International physicians for the prevention of nuclear war, “Body Count: Casualty Figures after 10 years of the ’War on Terror’”, op. cit., p. 10 et s.

12. Within the Council of Europe, the Guidelines on the protection of victims of terrorist acts define the victims as “any person who has suffered direct physical or psychological harm as a result of a terrorist act, and, in appropriate circumstances, of their close family”. By limiting the victims to those who suffered physical or psychological damage, this definition does not include the persons who suffered economic damage or material loss resulting from the attack (excluding thereby legal entities) nor the indirect/vicarious victims, with the exception of close family members of the victim “in appropriate circumstances” (Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, adopted on 2 March 2005 and revised on 19 May 2017, principle n.°1).

13. At EU level, the 2017 Directive on combating terrorism and replacing the 2002 Council Framework Decision provides that “A victim of terrorism is that defined in Article 2 of Directive 2012/29/EU, namely a natural person who has suffered harm, including physical, mental or emotional harm or economic loss, insofar as that was directly caused by a terrorist offence, or a family member of a person whose death was directly caused by a terrorist offence and who has suffered harm as a result of that person’s death” (European Union (“EU”), Directive 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, OJEU 31 March 2017, par. 27). Although this definition includes persons who suffered economic loss, legal entities are excluded considering that it is limited to natural persons. Vicarious victims of terrorism are also not recognized by this definition (except from family members of a person whose death was directly caused by a terrorist act). It should also be noted that, in the European Parliament Resolution of 12 December 2018 on findings and recommendations of the Special Committee on Terrorism, the Parliament calls on the Commission to put forward a legislative proposal including a common definition of the status of victim of terrorism that should at least include those who have died, those who have suffered physical and/or psychological damage; those who suffered kidnapping or threats and relatives of those who have been killed (EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, 12 December 2018, par. 204-205).

14. UNO, “Framework principles for securing the human rights of victims of terrorism”, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, 2012, (A/HRC/20/14) p. 18.

15. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, 12 December 2018.

16. See for instance: EU, European Council, Declaration on combatting terrorism, op. cit., 2004; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, SN 140/01, p. 4; EU, European Council, Council Conclusions the application of the EU Charter of Fundamental Rights, 2015 (doc. 10005/16); EU, European Council, Declaration on combatting terrorism, op. cit., 2004, Appendix I: “Strategic objectives of the EU in the fight against terrorism”, objective 5; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, op. cit., p. 4; EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2005, first objective; EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2014; EU, European Council, Council Conclusions the application of the EU Charter of Fundamental Rights, 2015 (doc. 10005/16).

17. See for instance: Committee of Ministers of the Council of Europe, Guidelines on human rights and the fight against terrorism, op. cit., 2002; Parliamentary Assembly of the Council of Europe, Recommendation 922(1984)1 on Defense of democracy against terrorism in Europe; Recommendation 1024(1986) on the European response to international terrorism; Recommendation 1550 (2002) and Resolution 1271 (2002) on the fight against terrorism and respect of human rights, both adopted on 24 January 2002; EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 221; Committee of Ministers of the Council of Europe, Recommendation Rec(1982) of the Committee of Ministers to Member States regarding international cooperation in the prosecution and repression of terrorist acts, adopted during the 342nd meeting Ministers’ Deputies on 15 January 1982; Committee of Ministers of the Council of Europe, Statement on the fight against international terrorism, adopted on 8 November 2001.

18. Ibidem.

19. Council of Europe, Protocol amending the European Convention on the Suppression of Terrorism, 15 May 2003.

20. For instance: the Convention on the Prevention of Terrorism adopted on 16 May 2005; the Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism adopted on 16 May 2005; the Recommendation (2005)10 of the Committee of Ministers to Member States on “special investigation techniques” in relation to serious crimes including acts of terrorism and the Recommendation (2005)7 concerning identity and travel documents and the fight against terrorism.

21. Council of Europe, Recommendation 1426 (1999) European democracies facing up to terrorism, 20 September 1999.

22. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, adopted on 2 March 2005.

23. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, adopted on 19 May 2017.

24. Committee of Ministers of the Council of Europe, Guidelines on human rights and the fight against terrorism, adopted by the Committee of Ministers at its 804th meeting (11 July 2002).

25. See for instance: Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005, guideline n.°1.

26. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005.

27. Ibid, p. 75.

28. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005.

29. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

30. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005.

31. Committee of Ministers of the Council of Europe, Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, op. cit, preamble.

32. Ibid, explanatory statement, par. 21.

33. Council of Europe, Group of Specialists on remedies for crime victims (“CJ-S-VICT”) -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, adopted by the European Committee on Legal Cooperation (CDCJ) during its 83rd meeting on 4-6 June 2008, Strasbourg, 2009, art. 4.1.

34. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), summary report of the 1st meeting, Strasbourg, 28 February – 2 March 2005, adopted at the Second meeting (18-20 May 2005), Secretariat memorandum prepared by the Directorate General of Legal Affairs.

35. Ibidem.

36. M. Kilchling et H.-J. Albrecht, “Victims of Terrorism Policies and Legislation in Europe. An Overview on Victim Related Assistance and Support”, Forschung aktuell – research in brief, Freiburg, 2005, p. 18 et s.

37. See for instance: Resolution n.° 1 on the fight against international terrorism, adopted by the Ministers during the 24th Conference of European Ministers of Justice (Moscow, 4-5 October 2001); Resolution n.° 1 on the fight against international terrorism, adopted by the Ministers during the 25th Conference of European Ministers of Justice (Sofia, 9-10 October 2003); Resolution n.° 3 on the fight against terrorism, adopted by the Ministers during the 26th Conference of European Ministers of Justice (Helsinki, 7-8 April 2005).

38. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005.

39. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

40. Article III of the 2005 Guidelines on the protection of victims of terrorist acts and article V of the revised version of 2017.

41. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005.

42. Ibidem.

43. Council of Europe, Convention on the Prevention of Terrorism, adopted on 16 May 205, article 13.

44. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005.

45. Ibidem; Opinion of the Commissioner for Human Rights on the draft Convention for the prevention of terrorism (CommDH(2005)1).

46. Council of Europe, Ministers’ Deputies, Notes on the Agenda, “Contribution of the Council of Europe to the fight against terrorism”, 909 meeting, 15 December 2004, CM/Notes/909/2.3, appendix.

47. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), Explanatory memorandum to the Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, adopted by the Committee of Ministers on 14 June 2006, doc. CM(2006)61.

48. Committee of Ministers of the Council of Europe, Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, adopted by the Committee of Ministers on 14 June 2006 at the 967th meeting of the Ministers’ Deputies.

49. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), summary report of the 1st meeting, Strasbourg, 28 February – 2 March 2005, adopted at the Second meeting (18-20 May 2005), Secretariat memorandum prepared by the Directorate General of Legal Affairs.

50. Ibidem.

51. Ibidem.

52. Council of Europe, Group of specialists on assistance to victims and prevention of victimization (PC-S-AV), “Victims of terrorism”, adopted at the Second meeting (18-20 May 2005), Strasbourg, May 20, 2005.

53. See for instance: Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), “Victims of terrorism”, op. cit., 2005;Council of Europe, Resolution 1400 (2004) and Recommendation 1677 (2004) on the Challenge of terrorism in Council of Europe Member States, adopted on 6 October 2004; Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005; Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005; Committee of Ministers of the Council of Europe, Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, op. cit, preamble.

54. Council of Europe, Convention on the Prevention of Terrorism, adopted on 16 May 205.

55. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005.

56. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

57. Council of Europe, European Convention on Compensation to Victims of Violent Crimes, signed in Strasbourg on 24 November 1983.

58. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017, art. VIII.

59. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005, p. 19, Council of Europe, CJ-S-VICT, “Non-criminal remedies for crime victims”, op. cit., 2009; Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), “Victims of terrorism”, op. cit., 2005.

60. Council of Europe, CJ-S-VICT, “Non-criminal remedies for crime victims”, op. cit., 2009.

61. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., art. XVII.

62. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), Explanatory memorandum to the Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, op. cit.; Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), “Victims of terrorism”, op. cit., 2005.

63. Council of Europe, Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009.

64. Ibidem; Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., art. VIII.

It should also be noted that such funds already exist in France, Spain and Turkey (project under discussion at Belgian level).

65. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005, workshop IV.

66. Ibidem.

67. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

68. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005.

69. Secretary General of the Committee of Ministers of the Council of Europe, “Fight against violent extremism and radicalization leading to terrorism “, op. cit., 2016.

70. See for instance: Council of Europe, CJ-S-VICT, “Non-criminal remedies for crime victims”, op.cit., 2009, art. 7.2; Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017, article XII.

71. Ibidem.

72. T. Garcin, “Terrorisme et médias”, Paris, Défense nationale, 1987, p. 19; U. Yanay, Victims of terrorism, is it a non issue?, op. cit., p. 28.

73. J.N. Breckenridge et P.G. Zimbardo, “The strategy of terrorism and the psychology of Mass-Mediated fear “, op. cit., p. 116 et s.; H. L’Heuillet, Aux sources du terrorisme: de la petite guerre aux attentats-suicides, op. cit., p. 70 et s.; A. Schmid, “Strengthening the Role of Victims and Incorporating Victims in Efforts to Counter Violent Extremism and Terrorism”, op. cit., 2012, p. 3; et M. Lazar, “Le terrorisme en Italie et en France. Questions de recherche “, op. cit., p. 43; P. Mannoni, Logiques du terrorisme, op. cit, p 58; D. Faisal, Landscapes of the Jihad: Militancy, Morality, Modernity, London, Hurst, 2005, p. 160; H.H.A. Cooper, “Terrorism: New dimensions of violent criminality, op. cit., p. 20.

74. C. Pompidou, S. Lacombe, “Les victimes du terrorisme”, op. cit., p. 4; A. Maercker et A. Mehr, “What if victims read a newspaper report about their victimization? A study on the relationship to ptsd symptoms in crime victims”, European Psychologist, 2006, 11, p. 137-142; O. Renn et al., “The social amplification of risk: A conceptual framework”, Risk Analysis, 1998, 8, p. 177-187; J.N. Breckenridge et P.G. Zimbardo, “The strategy of terrorism and the psychology of Mass-Mediated fear”, op. cit., p. 116 et s.

75. Ronald Crelinsten, cited in A. Schmid, “Strengthening the Role of Victims and Incorporating Victims in Efforts to Counter Violent Extremism and Terrorism”, op. cit., p. 15.

76. Parliamentary Assembly of the Council of Europe, Recommendation 1706 (2005), “Media and terrorism”, 20 June 2005; Council of Europe, Group of Specialists on remedies for crime victims (“CJ-S-VICT”) - Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009; Group of Specialists on human rights and the fight against terrorism (DH-S-TER), report of the 2nd meeting held in Strasbourg on 13-15 February 2002, Strasbourg, 16 April 2002, DH-S-TER(2002)008; Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017, art. IX (art. VIII de la version de 2005).

77. Ibidem.

78. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

79. Secretary General of the Committee of Ministers of the Council of Europe, “Fight against violent extremism and radicalization leading to terrorism “, op. cit., 2016; Steering Committee for Human Rights (CDDH) of the Council of Europe, in consultation with the Committee of Experts on Terrorism (CODEXTER), draft document for the elaboration of the Guidelines on the protection of victims of terrorist acts, op. cit., par. 71.

80. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005; Committee of Ministers of the Council of Europe, Guidelines on human rights and the fight against terrorism, adopted by the Committee of Ministers at its 804th meeting, 11 July 2002, article I; Council of Europe, Convention on the prevention of terrorism, op. cit., 2005, article 2; Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005.

81. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017.

82. Parliamentary Assembly of the Council of Europe, Recommendation 1706 (2005), “Media and terrorism”, 20 June 2005.

83. O. Renn et al., “The social amplification of risk: A conceptual framework”, Risk Analysis, 1998, 8, p. 177-187; J.N. Breckenridge et P.G. Zimbardo, “The strategy of terrorism and the psychology of Mass-Mediated fear “, op. cit., p. 116 et s.; C. Pompidou, S. Lacombe, “Les victimes du terrorisme”, op. cit., p. 4.

84. For instance, B. Pfefferbaum found that children exposed to heavy media exposure during the 9/11 attacks had PTSD rates similar to those who actually knew someone who died or was injured in the attacks (B. Pfefferbaum, “Victims of Terrorism and the Media”, op. cit., p. 176). See also: J. Ahern et al., “Television images and psychological symptoms after the September 11 terrorist attacks”, Psychiatry, 2002, 65, p. 289-300; P. Kratcoski et al., “Terrorist Victimization: Prevention, Control and Recovery”, op. cit., p. 257-268; R. Silver et al., “Nationwide longitudinal study of psychological responses to September 11”, op. cit, p. 1235-1244; J. Ahern et al., “Television images and psychological symptoms after the September 11 terrorist attacks”, op. cit., p. 289-300; M. Schuster et al., “A national survey of stress reactions after the September 11, 2001, Terrorist attacks”, op. cit., p. 1507-1512; K.T. Bernstein et al., “Television watching and the risk of incident probable posttraumatic stress disorder: a prospective evaluation”, Journal of Nervous and Mental Disease, 2007, 195, p. 41-47.

85. In this sense, a complaint was filed on March 25, 2019 against Facebook and YouTube by the French Council of the Muslim cult (CFCM) for dissemination of violent messages inciting terrorism or seriously undermining the human dignity likely to be seen by a minor. See more info on: https://www.lemonde.fr/pixels/article/2019/03/25/attentat-de-christchurch-le-conseil-francais-du-culte-musulman-porte-plainte-contre-facebook-et-youtube_5440972_4408996.html.

86. Council of Europe, Recommendation 1426 (1999) “European Democracies facing terrorism” “, 23 September 1999, par. 9.

87. Parliamentary Assembly of the Council of Europe, Recommendation 1426 (1999), “European Democracies facing terrorism”, 23 September 1999, par. 9; Parliamentary Assembly of the Council of Europe, Resolution 1258 (2001), “European Democracies facing terrorism”, 26 September 2001, par. 9.

88. Committee of Ministers of the Council of Europe, in cooperation with the President of the Group of Specialists on human rights and the fight against terrorism (DH-S-TER), draft document for the elaboration of the Guidelines on human rights and the fight against terrorism, Preliminary Note, 2002; Recommendation 1162 (1991), “Contribution of the Islamic civilisation to European culture”; Recommendation 1202 (1993), “Religious tolerance in a democratic society”; Recommendation 1396 (1999), “Religion and democracy”, Recommendation 1426 (1999), “European Democracies facing terrorism”, Resolution 1258 (2001), “European Democracies facing terrorism”.

89. Council of Europe, Convention on the Prevention of Terrorism, op. cit., 16 May 205.

90. European Commission against Racism and Intolerance of the Council of Europe (ECRI), General Policy Recommendation n.° 8 on combating racism while fighting terrorism, adopted on 17 March 2004; Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), “Victims of terrorism”, op. cit., 2005.

91. Ibid, par. 3.1.

92. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), “Victims of terrorism”, op. cit., 2005; M. Kilchling and H.- J. Albrecht, “Victims of Terrorism Policies and Legislation in Europe. An Overview on Victim Related Assistance and Support”, op. cit., 2005, p. 18 et s.

93. European Commission against Racism and Intolerance of the Council of Europe (ECRI), General Policy Recommendation n.° 8 on combating racism while fighting terrorism, op. cit., 2004.

94. Committee of Ministers of the Council of Europe, Statement on freedom of expression and information in the media in the context of the fight against terrorism, 2 march 2005, 917th meeting.

95. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005.

96. Parliamentary Assembly of the Council of Europe, Recommendation 916(1981), “Defense of democracy against terrorism in Europe - Tasks and problems”, 1981; Parliamentary Assembly of the Council of Europe, Recommendation 922(1984)1 on Defense of democracy against terrorism in Europe; Recommendation 1024(1986) on the European response to international terrorism; Resolution 1132(1997)1 on the organization of a parliamentary conference to strengthen democratic systems in Europe and cooperation in the fight against terrorism; Resolution 1258 and Recommendation 1534 on democracies facing terrorism of 26 September 2001; Recommendation 1550 (2002) and Resolution 1271 (2002) on the fight against terrorism and respect of human rights, both adopted on 24 January 2002.

97. Committee of Ministers of the Council of Europe, Recommendation Rec(1982) of the Committee of Ministers to Member States regarding international cooperation in the prosecution and repression of terrorist acts, adopted during the 342nd meeting Ministers’ Deputies on 15 January 1982; Committee of Ministers of the Council of Europe, Statement on the fight against international terrorism, adopted on 8 November 2001.

98. Committee of Ministers of the Council of Europe, Guidelines on human rights and the fight against terrorism, op. cit., 2002.

99. Ibidem.

100. See for instance: European Court of Human Rights, Klass et autres c. Allemagne, 6 September 1978, series A n.° 28, par. 48, regarding secret surveillance powers of correspondence justified by national security in response to the terrorist threat.

101. Council of Europe, Convention on the Prevention of Terrorism, op. cit., 16 May 205.

102. Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism” (13-14 June 2005), Strasbourg, 2005.

103. Reports of the visits of the Commissioner for Human Rights in the United Kingdom (CommDH(2005)6) and in Turkey (CommDH(2003)15).

104. Group of Specialists on human rights and the fight against terrorism (DH-S-TER), report of the 2nd meeting held in Strasbourg on 13-15 February 2002, op. cit., 2002.

105. Ibidem.

106. See for instance: UE, European Council, Joint Action 96/610/JAI of 15 October 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the creation and maintenance of a Directory of specialized counter-terrorist competences, skills and expertise to facilitate counter-terrorist cooperation between the Member States of the European Union; European Council, Joint Action of 98/428/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on the creation of a European Judicial Network; European Council, Joint action 98/733/JHA of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union; European Council, Council Decision of 3 December 1998 instructing Europol to deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property; European Council, Tampere Council conclusions of 15 and 16 October 1999; European Council, Recommendation of 9 December 1999 on cooperation in combating the financing of terrorism.

107. EU, European Parliament, Resolution on the role of the EU in the fight against terrorism, 5 September 2001 (2001/2016(INI)).

108. Ibid, preamble, par. 8.

109. Ibid, article 10.

110. EU, Framework Decision of 13 June 2002 on the fight against terrorism (2002/475/JAI), article 10, par. 8.

111. EU, Directive 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, OJEU 31 March 2017, par. 27 and 29.

112. Ibid, par. 16.

113. Ibid, par. 57 and art. 22, par. 3.

114. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, 12 December 2018.

115. Ibid, preamble, par. EX.

116. Ibid, par. 204.

117. Ibidem.

118. EU, European Council, Declaration on combating terrorism of 25 March 2004, op. cit., 2004; EU, European Council, EU Counter-Terrorism Strategy, Bruxelles, 30 November 2005; UE, Commission Européenne, Programme de solidarité de l’UE face aux conséquences des menaces et des attentats terroristes, Doc. n.° 15480/04, Bruxelles, le 1er décembre 2004.

119. EU, Framework Decision of 13 June 2002 on the fight against terrorism, op. cit., preamble, par. 8.

120. Ibid, article 10.

121. EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit.

122. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018.

123. Ibidem.

124. Ibid, par. 204.

125. Ibidem.

126. Ibid, par 203.

127. Ibid, par 203.

128. Ibid, par. 212.

129. Ibid, par. 214-215.

130. See for instance: EU, European Council, Declaration on combating Terrorism, op. cit., 2004; EU, European Commission, “EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks”, Doc. n°15480/04, Brussels, 1st December 2004.

131. EU, European Council, EU Counter-Terrorism Strategy, Brussels, 30 November 2005.

132. EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit., art. 26.

133. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018.

134. Ibid, par. 201 et 202.

135. Ibidem.

136. European Council, Declaration on combating Terrorism, op. cit., 2004, par. 4.

137. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018.

138. Ibid, par. 204.

139. Ibid, par. 218.

140. Ibid, par. 217.

141. EU, European Council, EU Counter-Terrorism Strategy, Brussels, 30 November 2005.

142. Ibidem; EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit., preamble; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, 2016, (2016/C 467/02).

143. Ibidem.

144. EU, European Council, EU Counter-Terrorism Strategy, Brussels, 19 May 2014; Statement by Gilles de Kerchove during the European Day of Remembrance of Victims of Terrorism, 11 March 2012; EU, European Council, Conclusions of the Council of the European Union and of the Member States meeting within the Council on enhancing the criminal justice response to radicalisation leading to terrorism and violent extremism, 20 November 2015.

145. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 45.

146. This remembrance day was proclaimed by the European Council on March 11th following the Madrid attacks of March 2004 (EU, European Council, Declaration on combatting terrorism, op. cit. 2004).

147. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 220.

148. EU, European Council, EU Counter-Terrorism Strategy, Brussels, 19 May 2014, par. 30 et s.; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016; EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit., 2017, preamble, par. 20. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018.

149. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018.

150. Ibidem.

151. EU, European Council, Declaration on combatting terrorism, op. cit. 2004, par. 11 and Appendix I: Strategic objectives of the European Union in the fight against terrorism, objective 5; EU, European Commission, “EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks”, Doc. n.° 15480/04, Brussels, 1st December 2004; EU, European Council, Decision 2007/124/EC, Euratom of 12 February 2007 establishing for the period 2007-2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’, 24 February 2007, p. 1; EU, European Council, EU Counter-Terrorism Strategy, Brussels, 30 November 2005 + revised version of 19 May 2014; EU, European Council, Council Conclusions on the renewed EU Internal Security Strategy for the period 2015-2020, 17 June 2015; Communication from the Commission to the European Parliament, the Council, the European Economic And Social Committee and the Committee of the Regions Action Plan to support the protection of public spaces (COM(2017) 612), 18 October 2017; EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 223.

152. See for instance: EU, European Council, Declaration on combatting terrorism, op. cit., 2004; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, SN 140/01, p. 4; EU, European Council, Council Conclusions the application of the EU Charter of Fundamental Rights, 2015 (doc. 10005/16).

153. EU, European Council, Declaration on combatting terrorism, op. cit., 2004, Appendix I: “Strategic objectives of the EU in the fight against terrorism”, objective 5; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, op. cit., p. 4; EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2005, first objective; EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2014; EU, European Council, Council Conclusions the application of the EU Charter of Fundamental Rights, 2015 (doc. 10005/16).

154. Ibidem; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016; European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the role of the youth sector in an integrated and cross-sectoral approach to preventing and combating violent radicalisation of young people, 30 May 2016 (doc. 9640/16).

155. European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the role of the youth sector in an integrated and cross-sectoral approach to preventing and combating violent radicalisation of young people, 30 May 2016 (doc. 9640/16), par. 9.

156. EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit.

157. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. FI.

158. Ibid, par. AH.

159. Ibid, par. 38.

160. Ibid, par. 35.

161. For instance: EU, Framework Decision of 13 June 2002 on the fight against terrorism, op. cit., art. 1; EU, European Council, Declaration on combatting terrorism, op. cit., 2004, introduction; EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 221.

162. EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2005.

163. EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2014.

164. Ibid, par. 15 and 16.

165. EU, Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit.

166. EU, European Council, Council Conclusions on the renewed EU Internal Security Strategy for the period 2015-2020, op. cit., 2015.

167. EU, European Council, Conclusions of the Council of the European Union and of the Member States meeting within the Council on enhancing the criminal justice response to radicalisation leading to terrorism and violent extremism, op. cit., 2015.

168. EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016.

169. EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, preamble, par. Y.

170. Ibidem.

171. Ibid, par. 58.

172. Ibidem.

173. Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, adopted on 2 March 2005, principle n.° 1.

174. See for instance: Committee of Ministers of the Council of Europe, Recommendation of the Committee of Ministers to Member States on assistance to crime victims, adopted by the Committee of Ministers on 14 June 2006 at the 967th meeting of the Ministers’ Deputies, Rec(2006)8; Council of Europe, CJ-S-VICT -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009.

175. See for instance: Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005; EU, Framework Decision of 13 June 2002 on the fight against terrorism, op. cit., par. 8.; EU, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, op. cit., 2012.

176. A. Conte, Human Rights in the Prevention and Punishment of Terrorism, op. cit., p. 18.

177. Ibidem; U. Yanay, Victims of terrorism, is it a non issue?, Hebrew university of Jerusaleme, 1993.

178. See for instance: article III of the 2005 Guidelines on the protection of victims of terrorist acts and article V of the revised version of 2017.

179. In this respect, some counter-terrorism instruments expressly refer to the coordination mechanisms used to deal with crisis situations and natural disasters (e.g. the EU Counter-Terrorism Strategy of 2005 which refers to the EU’s Mutual Assistance Framework and Civil Protection Mechanism for dealing with crisis situations).

180. Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), summary report of the 1st meeting, op. cit., 2005.

181. See for instance: Council of Europe, CJ-S-VICT -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009; Committee of Ministers of the Council of Europe, Guidelines on the protection of victims of terrorist acts, op. cit., 2005, art. XVII.

182. Ibidem.

183. Committee of Ministers of the Council of Europe, Revised Guidelines on the protection of victims of terrorist acts, op. cit., 2017, op. cit., art. VIII; Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005, workshop IV.

184. Ibidem.

185. See for instance: Council of Europe, CJ-S-VICT -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009; Council of Europe, Proceedings of the High-Level Seminar “Protecting human rights while fighting terrorism”, op. cit., 2005; EU, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, op. cit., 2012.

186. See for instance: Council of Europe, CJ-S-VICT -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009, art. 7.2; European Commission, “Friday 9 March: 14th European Day of Remembrance of Victims of Terrorism”, op. cit., 2018; EU, European Council, Declaration on combatting terrorism, op. cit. 2004.

187. Ibidem.

188. See for instance: EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2014; Statement by Gilles de Kerchove during the European Day of Remembrance of Victims of Terrorism, 11 March 2012.

189. Ibidem.

190. See for instance: EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2005, par. 28; European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the role of the youth sector in an integrated and cross-sectoral approach to preventing and combating violent radicalisation of young people, op. cit., 2016; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016.

191. Ibidem.

192. Ibidem.

193. An example of this phenomenon is the hostage-taking of the hyper-kosher in Paris in 2015, where BFM-TV had revealed certain information that put some hidden hostages at risk. Following a complaint against the media company, this latter agreed to pay 60,000 euros to the Jewish Social Fund for victims of terrorism and adopted a code of conduct to ensure the safety of victims in such situations.

194. See for instance: Council of Europe, CJ-S-VICT -Directorate General of Human Rights and Legal Affairs, “Non-criminal remedies for crime victims”, op. cit., 2009.

195. See for instance: EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2014; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016; Parliamentary Assembly of the Council of Europe, Recommendation 941(1982) on Democraties facing terrorism in Europe, op. cit., 1982, par. 7.

196. An example of this phenomenon is illustrated by the New-York attacks of 11 September 2001, for which nearly 40% of the 2.753 persons declared missing in the World Trade Center had still not been identified more than 15 years after the attack (Le Parisien, “11 Septembre: quinze ans après, 1113 victimes toujours non identifiées”, 11 September 2016).

197. H. L’Heuillet, Aux sources du terrorisme: de la petite guerre aux attentats-suicides, op. cit., p. 79; S. Freedman, “Psychological Effects of Terror Attacks”, op. cit., p. 141; M.H Gozzi, Le terrorisme, op. cit., p. 31 et 65; S. Galea et al., “Psychological sequelae of the September 11 terrorist attacks in New York City”, op. cit., p. 982-987.

198. See for instance: EU, European Council, Declaration on combatting terrorism, op. cit., 2004, par. 11 and Appendix 1.

199. See for instance: Council of Europe, Group of specialists on assistance to victims and prevention of victimisation (PC-S-AV), Explanatory memorandum to the Recommendation Rec(2006)8 of the Committee of Ministers to Member States on assistance to crime victims, op. cit.

200. See for instance: Parliamentary Assembly of the Council of Europe, Recommendation 922(1984)1 on Defense of democracy against terrorism in Europe; Recommendation 1024(1986) on the European response to international terrorism; Resolution 1132(1997)1 on the organization of a parliamentary conference to strengthen democratic systems in Europe and cooperation in the fight against terrorism; Resolution 1258 and Recommendation 1534 on democracies facing terrorism of 26 September 2001.

201. See for instance: Article 23 of the EU Directive 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, op. cit., 2017).

202. See for instance: EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, par. 221.

203. See for instance: EU, European Council, Conclusions of the Council of the European Union and of the Member States meeting within the Council on enhancing the criminal justice response to radicalisation leading to terrorism and violent extremism, op. cit., 2015; EU, European Council, Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the prevention of radicalisation leading to violent extremism, op. cit., 2016.

204. Ibidem; EU, European Parliament, Resolution on findings and recommendations of the Special Committee on Terrorism, op. cit., 2018, preamble, par. Y.

205. See for instance: Parliamentary Assembly of the Council of Europe, Recommendation 1426 (1999), “European Democracies facing terrorism”, op. cit., par. 9; Parliamentary Assembly of the Council of Europe, Resolution 1258 (2001), “Democracies facing terrorism”, op. cit., 2001; Council of Europe, “11 September: Multicultural and inter-religious dialogue - Note by the Secretary General”, op. cit., 2001.

206. See for instance: EU, European Council, Declaration on combatting terrorism, op. cit., 2004; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, op. cit., p. 4.

207. See for instance: Parliamentary Assembly of the Council of Europe, Council of Europe, Recommendation 1426 (1999) European democracies facing up to terrorism, 20 September 1999, op. cit., par. 9; Parliamentary Assembly of the Council of Europe, Resolution 1258 (2001), “Democraties facing terrorism”, op. cit., 2001; Council of Europe, “11 September: Multicultural and inter-religious dialogue - Note by the Secretary General”, op. cit., 2001.

208. See for instance: Council of Europe, Convention on the prevention of terrorism of 2005, op. cit., article 12, par. 2; European Commission against Racism and Intolerance of the Council of Europe (ECRI), General Policy Recommendation n.° 8 on combating racism while fighting terrorism, op. cit., 2004; EU, European Council, Declaration on combatting terrorism, op. cit., 2004; EU, European Council, Conclusions and plan of action of the extraordinary European Council of 21 September 2001, op. cit., p. 4.

209. See for instance: EU, European Council, EU Counter-Terrorism Strategy, op. cit., 2005; EU, European Council, Council Conclusions the application of the EU Charter of Fundamental Rights, op. cit., 2015.

EU, European Council, Conclusions of the Council of the European Union and of the Member States meeting within the Council on enhancing the criminal justice response to radicalisation leading to terrorism and violent extremism, op. cit., 2015.

210. European Commission against Racism and Intolerance of the Council of Europe (ECRI), General Policy Recommendation n.° 8 on combating racism while fighting terrorism, op. cit., 2004.