introduction
What role does justice play in the rehabilitation process?
Today, thousands of torture victims still suffer from the impact of torture even years
after the event. For many victims, seeing the perpetrator brought to justice or receiving
compensation for the harm suffered is an essential step in their rehabilitation. Legal
proceedings can equally serve to uphold the rule of law by bringing perpetrators to justice
as well as facilitating redress and reparations for the victim. To promote the perception
of justice and the healing and reconciliation process, it is however crucial for the wellbeing and ultimate benefit of the victim and the community, that legal proceedings
are conducted in a way that recognises the needs of the victim and the challenges that
participation in the legal process can present to the victim’s own recovery.
The long-lasting and traumatic impact of torture on a victim’s physical and
mental health is well-documented.1 Previous studies of survivors of war and human
rights violations, including torture, show that victims confronted by impunity for those
responsible for their suffering, exhibit strong feelings including fear, helplessness, a
sense of injustice, demoralisation and loss of control over life. Recovering from this
trauma requires long-term efforts – Post-Traumatic Stress Disorder (PTSD) and
depression are often closely associated with fear and loss of control and the perceived
threat from those held responsible for the trauma.2 Many torture victims also suffer
from social isolation as they feel stigmatised in the eyes of others. Thus, a victim’s
reintegration within society can occur when they are given a voice and are socially
acknowledged and supported by the community.
For some torture victims, the experience of participating in legal proceedings
can have a positive impact on their well-being and play an integral role in their
rehabilitation process. Research has shown that participation in a trial can reduce
symptoms of PTSD and facilitate the healing process of torture victims by bringing
a sense of justice for the victim.3 In addition, the victim may experience a sense of
relief by testifying during court proceedings.4 Legal proceedings can help restore a
victim’s dignity by placing the guilt on the offender and acknowledging the victim’s
status. Furthermore, reparation may be considered by the victims to be a public
acknowledgement of their experience. Indeed, research has shown that immaterial
and symbolic measures – such as memorials or apologies – are often perceived to be
more important than monetary compensation.5
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