31 REPARATION IN CASES OF ENFORCED DISAPPEARANCE PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA to truth about the whereabouts of the disappeared is an absolute right and there is no legitimate State reason or exceptional circumstances that can restrict this right. It includes a procedural obligation for the State to conduct an investigation, share its results, grant access to archives, and protect witnesses and others associated with the investigation. Case study: Kilwa massacre (DRC) In the Kilwa decision issued by the ACHPR in 2017, the Commission found the government of the Democratic Republic of Congo responsible for a massacre of 70 people. The ACHPR noted that the State had violated nine human rights provisions of the African Charter, including by committing extrajudicial executions, torture, arbitrary arrests, disappearances and forced displacement, amongst others. In a ground-breaking decision, the ACHPR ordered the government of DRC to provide the following reparations: • Pay $4.36 million to the victims and their families • Issue a public apology • Conduct investigations into the disappearance of the victims • Re-bury victims from mass graves to appropriate graves and with dignity • Construct a memorial for the victims • Provide trauma counselling • Rebuild schools, hospital and roads