• Brazil.35 Brazil’s programme provided reparations only to the victims of disappearance and death of non-natural causes in police or similar premises. It ignored important categories of victims, including those illegally detained or tortured and those in exile—notwithstanding the expansive interpretation of the general criterion by the commission in charge of the programme. • Chile.36 Chile has tried to redress different types of crimes by means of individual legislative initiatives. Initially, efforts focused on the crimes covered by the mandate of the Truth and Reconciliation Commission, namely, human rights violations under the previous dictatorship that resulted in the death of the victims. So the crimes giving rise to reparations were deadly political violence, political executions and disappearance while in detention. Additional initiatives were taken to provide different forms of assistance—not, strictly speaking, reparations—to returning exiles, to the fewer than 400 political prisoners still in jail after the Pinochet regime came to an end (Cumplido laws), to those who had been dismissed from their jobs for political reasons, and to those excluded from agrarian reform or expelled from their land. The Chilean Government also launched a comprehensive health-care programme for victims of political violence (PRAIS), which makes medical services, including mental health care, available to them through the national health-care system. Chile’s reparations efforts long ignored the victims of the most prevalent human rights violations during the regime, i.e., illegal detention and torture. In 2004, a commission was appointed to examine precisely these crimes. It submitted a comprehensive report at the end of that year with recommendations on reparations. The recommendations, accepted by the Government, stipulated that the victims of these crimes should receive a monthly pension and benefit from other symbolic reparatory measures. (They were already receiving medical services through PRAIS.) • Morocco. The Equity and Reconciliation Commission was established in January 2002 to shed light on the events leading to, and provide compensation for, forced disappearance; arbitrary detention with or without due process and/or followed by execution; the killings, injuries or arbitrary detention during urban demonstrations or riots; forced exile; and sexual violence. • South Africa. The Truth and Reconciliation Commission made far-reaching recommendations for the reparation of the human rights violations under apartheid. A “victim” was someone who had “suffered harm in the form of physical or mental injury, emotional suffering, pecuniary loss or substantial impairment of human rights, (i) as a result of a gross violation of human rights; or (ii) as a result of an act associated with a political objective for which amnesty has been granted.” A gross violation of human rights, in turn, was defined as “(a) the killing, abduction, torture or severe ill-treatment of any person; or (b) 35 36 See also Cano and Ferreira, “The reparations program in Brazil” in The Handbook…. See Lira, “The reparations policy for human rights violations in Chile,” in The Handbook…. 20

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