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REPARATION IN CASES OF
ENFORCED DISAPPEARANCE
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
Guarantees of non-repetition refer to measures that the State should undertake to
prevent the future recurrence of enforced disappearances. These include criminalising
enforced disappearance, providing training to law enforcement officials, and other
measures that strengthen the rule of law in a specific country. Other measures include
public education programmes and media campaigns to sensitise the general public.
Courts and human rights bodies have accepted the following type
of evidence in cases of enforced disappearance
Reparations must be:
Accessible. Authorities must ensure that victims have access to reparations and
are aware of, or have information on, reparations. Authorities must eliminate
any obstacles that would prevent victims from accessing reparations.
Adequate. Reparations must be appropriate and proportionate to the gravity
and circumstances of the violations.
Victim-centred and non-discriminatory. Reparations should take into account
the unique harm suffered by the victims of enforced disappearance and their
wishes and expectations on how that harm can be redressed. Reparations should
be holistic, consider a gender perspective, and include the physical, psychosocial,
economic, social and cultural dimensions of harm.
Reparations can have both individual and collective character. Collective reparations
respond to the collective harm or harm caused to the society or a particular group.
Monuments and memorials commemorating the violations send a powerful signal
of recognition and contribute to ensuring the collective memory.
A particular feature of reparations for victims of enforced disappearance is the
right to truth. This right provides that victims should know the truth regarding the
circumstances of the disappearance, the progress and result of the investigation,
the fate of the disappeared person, and the identity of the perpetrators. The right
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