post-traumatic stress, requiring all necessary material, medical, psychological and social assistance
and support over a long period of time.151
119.
Subsequently, the Updated Set of principles for the protection and promotion of human
rights through action to combat impunity, adopted by the United Nations Commission on Human Rights in
2005, included the following in its Principles 23 and 32 regarding the link between claims for reparation
measures and the prescription of civil actions in respect of grave human rights violations.
Principle 23: Restrictions on prescription
Prescription - of prosecution or penalty - in criminal cases shall not run for such period as
no effective remedy is available.
Prescription shall not apply to crimes under international law that are by their nature
imprescriptible.
When it does apply, prescription shall not be effective against civil or administrative actions
brought by victims seeking reparation for their injuries.
Principle 32: Reparation procedures
All victims shall have access to a readily available, prompt and effective remedy in the
form of criminal, civil, administrative or disciplinary proceedings subject to the restrictions
on prescription set forth in principle 23. (...).152
120.
In 2006, the United Nations General Assembly adopted the 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. Principles 6 and 7 of that instrument indicate that:
6. Where so provided for in an applicable treaty or contained in other international legal
obligations, statutes of limitations shall not apply to gross violations of international human
rights law and serious violations of international humanitarian law which constitute crimes
under international law.
7. Domestic statutes of limitations for other types of violations that do not constitute crimes
under international law, including those time limitations applicable to civil claims and other
procedures, should not be unduly restrictive.153
121.
The Commission also notes some developments in comparative law.
122.
Thus, in the case of Colombia, in connection with direct reparation actions against the State,
the Council of State has handed down multiple judgments disregarding the two-year prescription period for
such actions in cases of damages causes by the commission of a crime against humanity. That conclusion was
the result of an exercise to balance the legal certainty sought by statutes of limitation and the imperative of
making reparation for the harm wrought by these types of crime.
123.
In the words of the Council of State:
151 United Nations Commission on Human Rights (UNCHR), Final Report presented by the Special Rapporteur on the right to
restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms.
E/CN.4/Sub.2/1993/8, July 2, 1993, para. 135.
152
UNCHR, Diane Orentlicher, Report of the independent expert to update the Set of principles to combat impunity.
General Assembly (GA) A/RES/60/147, 21 March 2006. Resolution adopting the "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.”
153
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