According to these Principles and Guidelines
reparation includes the following forms:
Restitution: The victim should be, whenever possible,
restored to the original situation before the gross violations
of international human rights law. This includes for
example restoration of liberty or the return of property.
Compensation: Monetary compensation can be provided
for moral damages, material damages or for mental or
physical harm caused by the violation of human rights law.
Rehabilitation: This may include for example medical and
psychological care as well as legal and social services.
Satisfaction: Means of satisfaction can encompass the
prosecution of perpetrators, a public apology or an official
declaration or judgement restoring the dignity of a person.
Guarantees of non-repetition: This may include for
example measures to strengthen the independence of the
judiciary.
, Resolution 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: resolution/adopted by the General Assembly,
,
Although States are obliged to implement a legal system
which ensures reparation, a survey in 30 countries on the
law and practices concerning reparation for victims of torture showed that laws are inadequate and/or lacking in
most countries, and even when relevant laws exist, these
are rarely implemented. The impunity of perpetrators of
torture is one of the major reasons for this weak implementation of laws concerning reparation for victims. Torture remains unacknowledged, victims suffer in silence and there
is little or no official support forsurvivors of torture. A further reason identified is the lack of systematic monitoring
mechanisms for the documentation of torture. Additionally,
the absence of a specific offence of torture in domestic law
impedes systematic documentation. A monitoring mechanism would show the prevalence of torture and could form
a basis for seeking reparation for victims of torture.169
The situation concerning reparation for victims of torture
can be compared with the situation of trafficked persons.
According to the Palermo Protocol, States “shall ensure
that its domestic legal system contains measures that offer
victims of trafficking in persons the possibility of obtaining
compensation for damage suffered”. 170 This provision does
not oblige States to provide trafficked persons with remedies; a legal possibility of compensation has to be offered.
States have several options to implement this obligation:
provisions which allow victims to sue offenders for civil
damages, provisions which allow criminal courts to award
criminal damages, or the State can establish a specific fund
for victims paid by the State.171
The CoE Convention stresses the importance of compensation and calls upon the States to adopt legislative or other
measures as may be necessary “to guarantee compensation for victims”. 172 Alongside the obligation to implement
measures in order to guarantee compensation, the CoE
Convention also states further necessary measures which
support the right to compensation. The CoE Convention
requires that access to information, including information
on compensation, be ensured. Additionally, the right to legal assistance and to free legal aid for victims should be
established.173
At the level of the European Union, the Council Framework
Decision on the standing of victims in criminal proceedings174 requires EU Member States to ensure access to compensation for victims of criminal acts within criminal proceedings. DIR 2011/36/EU further specifies this obligation
for trafficked persons and requires Member States to ensure the access for trafficked persons to existing schemes of
compensation which are in place for all victims of crimes.175
The UN Principles and Guidelines on Human Rights and
Human Trafficking require States to “ensure that trafficked
persons are given access to effective and appropriate legal
remedies”. 176 As shown above victims of violations of international human rights law are entitled to various forms of
United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime
The International Law of Human Trafficking
Convention on Action against Trafficking in
Human Beings
Council
Framework Decision 2001/220/JHA on the Standing of Victims in Criminal
Proceedings
resolution/adopted by the General Assembly
Directive 2011/36/EU of the European Parliament
and of the Council of 5 April 2011 on preventing and combating trafficking
in human beings and protecting its victims, and replacing Council
Framework Decision 2002/629/JHA
Reparation for Torture: A survey of law and practice in thirty
selected countries
Recommended Principles and Guidelines on Human
Rights and Human Trafficking,
36
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