Reparation

In general terms, reparations are granted to an injured party to make up for the damage caused by a wrongful act. The aim is to restore the situation to the fullest extent possible that had existed if the wrongful act had not been committed in the first place. For torture survivors, the right to reparation is an important part of the healing process. The pursuit of reparation can be empowering, allowing torture survivors to transform feelings of pain, isolation or stigmatisation through a public process that may result in a public acknowledgement that a wrong was committed and that those responsible will be punished.

Reparation has been described as having “the purpose of relieving the suffering of and affording justice to victims by removing or redressing to the extent possible the consequence of the wrongful act”. As a supplement to more targeted forms of medical or psychosocial treatment or support, the pursuit of reparation is believed by many experts to have significant therapeutic benefits. To seek reparation is an important part of the rehabilitation process both for the individual and for the wider society.

Forms of reparation

Very often, reparation is wrongly employed as being synonymous with “financial compensation”. Although compensation is a very common form of reparation, it is not the only form. Other types of reparation include:

restitution, such as restoration of liberty, legal rights, social status, family life and citizenship;
physical and psychological rehabilitation, and legal and social services;
satisfaction, which comprises verification of the facts and revelation of the truth, acknowledgment of the suffering, public apology, judicial and administrative sanctions against the perpetrator, commemoration and tributes to the victims;
guarantees of non-repetition, to prevent recurrence of similar crimes (such as measures to control the military, strengthen the independence of the judiciary, and reform human rights laws; and
compensation, which includes any monetary award calculated on the basis of the estimated damage resulting from the crime, including physical and mental pain and loss of opportunities, such as education.

Cultural differences and diversity of backgrounds and experiences can impact on perceptions of reparations. In some cultures, active participation in criminal proceedings may be essential whereas in others, the admission of guilt by the wrongdoer will be most important.

Reparations in international law

Article 14 of the United Nations Convention against Torture (UNCAT) guarantees the right of torture victims to obtain reparation. Members of the UN Committee against Torture have regularly emphasised that the obligation of Article 14 involves not only the provision of material compensation and redress, but also physical, mental and social rehabilitation.

Since 1990, the rights of torture survivors have been recognised in the jurisdiction and procedures of an increasing number of judicial and quasi-judicial bodies, most significantly in the Statute of the International Criminal Court, which establishes a firm link between international justice and the provision of reparation.

For more information:

IRCT fact sheet on reparation in English / French / Spanish
The United Nations Convention against Torture (UNCAT)