29 REPARATION IN CASES OF ENFORCED DISAPPEARANCE PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA REPARATION IN CASES OF ENFORCED DISAPPEARANCE In cases of enforced disappearance, strategic litigation will be aimed at obtaining reparations that redress the harm caused to the individual victims, as well as obtaining changes that will prevent the occurrence of this crime in the future. The right to an effective remedy is a well-established right under international law. The ICPPED stipulates in Article 24(4) that: “[E]ach State Party shall ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation.” The five forms of effective reparation recognised at the international level include restitution, rehabilitation, satisfaction, compensation and guarantees of non-repetition. Reparations can be both for the victims themselves and their relatives. They can also be collective or individual. In cases of enforced disappearance, restitution could include the recovery of identity, restoration of liberty or return to one’s place of residence. Yet, in many cases of disappearance, given the irreversible nature of the harm, restitution is not possible. Compensation is an important element of the right to an effective remedy, yet it is not sufficient in itself as a form of reparation and should be associated with other measures. Rehabilitation is an essential component of reparation, and should include medical and psychological care, in addition to legal and social services, both to the disappeared and his or her family. Satisfaction measures include the disclosure of the whereabouts of the disappeared, the identities of abducted children, and assistance in the recovery, identification, and reburial of the bodies, in accordance with the wishes of victims and cultural practices. Other forms of satisfaction include a judicial decision, public apologies, memorial sites, and recognising the dignity of victims and their relatives, including by avoiding attacks and stigmatisation against them.