A/HRC/13/39/Add.5
rehabilitation, as well as measures to guarantee the non-repetition of the violations, always
bearing in mind the circumstances of each case.112
171. I would like to emphasise again that on the procedural level, States commit
themselves under article 14 to establish suitable institutions (i.e. primarily judicial
institutions, such as criminal, civil, constitutional and special human rights courts, or
national human rights institutions and torture rehabilitation bodies) to enable victims of
torture to obtain reparation.113 It is important that the victims of torture themselves be
entitled to initiate such procedures and enjoy equal access to these mechanisms without fear
of reprisals. Given the special situation of victims of torture and other ill-treatment, who
often suffer from trauma, States should ensure that special care is taken to avoid retraumatisation in the course of legal and administrative proceedings designed to provide
justice and reparation. These considerations are particularly relevant with regard to victims
of gender-based and sexual violence who need to be protected from further stigmatisation.
In order to make effective use of existing remedies, victims are also often in need of legal
aid and legal services, including forensic and medical expertise to secure evidence and
substantiate their claims. In my experience, women and children often face particular
difficulties in accessing these services, which deprives them of the possibility to effectively
access the justice system. In this context, it also needs to be emphasised that, as the
standard of proof may be higher in criminal proceedings, the availability of civil procedures
to claim reparation should not be dependent on the outcome of a criminal procedure.
172. On the substantive level, reparation should be proportional to the gravity of the
violations and harm suffered. What victims perceive as fair and adequate reparation for the
ordeals they endured may differ from case to case. In my experience, victims of torture may
not primarily be interested in monetary compensation, but in those means of reparation that
are best suited to restore their dignity and humanity. As mentioned before, the public
acknowledgment of the harm and humiliation suffered and the establishment of the truth
through a comprehensive and impartial investigation, together with a public apology may
often provide greater satisfaction to the victim than monetary compensation. The
progressive jurisprudence of the Inter-American Court of Human Rights in this regard is
welcomed. In Vargas Areco v Paraguay, for example, the Court ordered the State inter alia
to organise an official public event to acknowledge its international liability and apologise
to the victim’s relatives, conduct public awareness-raising activities in schools and name a
street after the victim.114
173. For many victims, justice is only perceived as being delivered when criminal
prosecution has led to an appropriate punishment of the perpetrators. Criminal
investigations and sanctions against persons liable for the violations are thus an important
part of the full reparation for the harm suffered. In the case of victims of torture, full
restitution to the status before the infliction of severe mental or physical pain is not
possible. Since victims of torture often suffer from long-term physical injuries and posttraumatic stress disorders that may even make it impossible for them to return to their
“normal” private and professional lives, reparation must include all necessary measures of
medical, psychological, social and legal rehabilitation. The amount of monetary
compensation must therefore include any economically assessable damage, such as the
costs of long-term rehabilitation measures and compensation for lost opportunities,
including employment, education and social benefits. In addition to reparation tailored to
the needs of the individual victim, States are also obliged to adopt more general guarantees
of non-repetition, such as taking resolute steps to fight impunity, including through the
112
113
114
Communication No. 212/2002.
A/HRC/4/33 para 63.
Vargas Areco v. Paraguay (2006).
45
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