A/HRC/26/52
77.
Fairness – All victims having suffered harm should be included in the reparation
process, without discrimination (ibid., para. 25). Fairness entails the adoption of targeted
measures for victims for whom applying for relief is most difficult or who suffered the most
from the violations.
78.
Humanity and dignity – Victims should be treated with humanity and dignity in their
efforts to seek justice and reparation.
79.
Access to information – It is the State’s duty to ensure that victims have access to the
requisite information on available remedies and counselling services (ibid., para. 24).
80.
Access to appropriate reparation – Reparation may take the following forms:
restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition (ibid.,
para. 18).
81.
Restitution – Victims should, whenever possible, be restored to their original
situation before the violation. Restitution includes: the restoration of liberty, identity and
employment, the enjoyment of human rights, the return to one’s place of residence and the
return of property (ibid., para. 19).
82.
Compensation – Insofar as the human rights violations suffered are quantifiable,
victims should be compensated for physical or mental harm, lost opportunities, material or
moral damage, loss of earnings and medical and legal costs (ibid., para. 20).
83.
Rehabilitation – This measure “should include medical and psychological care as
well as legal and social services” (ibid., para. 21).
84.
Satisfaction – Steps taken by the Government to this end should include: effective
measures aimed at the cessation of continuing violations, public disclosure of the truth, the
search for the whereabouts of the disappeared, the restoration of the dignity of the dead,
public apology, the prosecution and punishment of persons liable for the violations,
commemorations and tributes to the victims and the inclusion of an accurate account of the
violations in educational material (ibid., para. 22).
85.
Guarantees of non-repetition – Such measures should include: effective civilian
control of security forces, the harmonization of civilian and military proceedings with
international standards of fairness and impartiality, the strengthening of the independence
of the judiciary, the protection of victims, witnesses and persons concerned, the provision
of human rights education to security forces, the promotion of mechanisms for preventing
and monitoring social conflicts and legal reforms to take greater account of the country’s
commitments towards international human rights law (ibid., para. 23).
G.
Recommendations for a comprehensive approach to assistance for
victims
86.
A comprehensive approach should be taken to the provision of assistance for
victims on the basis of their actual needs and taking into consideration the full
restoration of their rights and citizenship. Bearing in mind that the provision of
reparation is first and foremost the State’s responsibility, the Independent Expert
makes the following recommendations for each of the three specific levels of
intervention, i.e. legislative, institutional and operational.
87.
From a legislative standpoint, the Independent Expert recommends:
(a)
The adoption of a law on protection mechanisms for victims, witnesses
and concerned persons, including judges, prosecutors, lawyers, human rights
defenders and medical experts;
GE.14-02949
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