Reparation

In general terms, reparation is granted to an injured party to make up for the damage caused by a wrongful act. For torture survivors, the act of procuring reparation, if handled with the proper support and care by assisting parties, may be 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.

Need for proper support

The process of procuring reparation can be equally traumatising to torture survivors, however, if they are compelled to remember or recount the treatment to which they were subjected in a way that is uncomfortable and unnatural for them. Traumatised persons often learn to avoid thinking about the events affecting them in order to escape the crippling sense of fear or anxiety stemming from memories of the events. This is a very normal and well-documented response to traumatic events. When survivors of torture must once again confront memories of their mistreatment for legal or administrative purposes, then, it is clear that they must be given proper support to avoid any re-traumatisation caused by the act.

The IRCT strives to promote the importance of proper support to victims of torture in the process of procuring reparation. This will almost always include the creation of a trusting and supportive therapeutic relationship as well as a compassionate and sensitive approach from legal professionals and social workers. The IRCT will continue to work to promote proper support to victims of torture through initiatives with member centres and programmatic planning.

Forms of reparation

Very often, the term “reparation” is wrongly thought to be synonymous with “financial compensation”. Although compensation is a very common form of reparation, it is not the only form. As elucidated in 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, adopted by the UN General Assembly in 2005, reparation can 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 reparation. 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.

Reparation 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 to reparation have been recognised by 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 / Arabic
The United Nations Convention against Torture (UNCAT)
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