crimes committed by totalitarian regimes - Ministrstvo za pravosodje

Crimes committed by totalitarian regimes
States must provide victims with “adequate, effective and prompt” reparation proportional to the
gravity of the violation and harm sustained by them. 57 Reparations cover restitution, compensation,
rehabilitation, satisfaction, and guarantees for non-repetition. Restitution is the primary mode of
reparation and is designed to restore the victim to the position they were in prior to the violation.
It includes restoring liberty, identity, family life and citizenship, enjoyment of other human rights,
restoration of property and employment. Where restitution is not possible or adequate, victims are
entitled to compensation where such loss is economically assessable. This head of reparations includes
physical or mental harm; lost opportunities such as employment and education; material loss like loss
of earnings; moral damage; and costs for legal, medical, psychological and social services. 58 Similarly,
rehabilitation aims to restore the dignity and reputation of victims and includes provision of medical
and psychological care, and social services. 59
The remaining two remedies – satisfaction and guarantees of non-repetition – encompass redress
not only for the individual victims but are structured to facilitate societal efforts to remember, resist
revisionism and prevent future gross violations of human rights norms or serious violations of
humanitarian law.
For the victims, satisfaction includes the cessation of ongoing violations; public disclosure
and verification of the facts of the violations in a way that does not threaten the safety and interests
of victims or witnesses; the disclosure of the circumstances of those that have disappeared or were
abducted and their location and return; and official declaration restoring the reputation, dignity and
rights of the victims. 60 When there victims have been killed, their remains must be recovered, identified
and returned to the families of the victims. For the society at large and the process of reconciliation,
satisfaction should include judicial sanctions against the perpetrators; inclusion of an accurate account
of past violations in the public domain, especially in educational materials; and commemorations to
victims and memorial days. 61
The guarantee of non-repetition has the ability to have the most far-reaching impact in efforts
towards the reestablishment of the rule of law and reconciliation within post-authoritarian and postconflict
societies. This remedy can include review and reforming of laws which contributed to the
violations; removal or barring from public office of perpetrations of violations; ensuring that civilian
proceedings comply with international human rights law including standards of due process, fairness
and impartiality; strengthening the judiciary; effective civilian control of the military, security and
police forces and educating them in human rights and humanitarian standards; ensuring that all public
servants adhere to codes of ethics; protecting legal, medical and health-care professionals, journalists,
and human rights defenders; promoting and implementing mechanisms for preventing, monitoring and
resolving social conflicts; and institutional reforms and measures necessary to “ensure respect for the
rule of law, foster and sustain a culture of respect for human rights, and restore or establish public trust
in government institutions”. 62
4. Concluding remarks
The European experience of restoring rule of law and reconciling peoples within societies following
authoritarian regimes and armed conflict has a lengthy history and continues to the present day. However,
the lessons learned in Europe and other regions throughout the world highlight that the task is a holistic
and integrated one incorporating the accountability of perpetrators through prosecutions and vetting;
access to justice and reparations for victims; and truth-finding and institutional reform for the whole
society. However, the UN Secretary-General has noted that whilst the experiences of other states and
57
2005 Basic Principles and Guidelines on Reparations, UN Doc.A/Res/60/147, para. 15.
58
Ibid., para. 20.
59
Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental
freedoms, Final Report, 2 July 1993, UN Doc.E/CN.4./Sub.2/1993/8, p. 57.
60
2005 Set of Principles to Combat Impunity, UN Doc.E/CN.4/2005/102/Add. 1, Principle 34.
61
2005 Basic Principles and Guidelines on Reparations, UN Doc.A/Res/60/147, para. 22. See generally K. R. Esnor, M. Trũno I Salvadó,
International Experience of Days of Remembrance and Reflection. Healing Through Remembering, Belfast 2006, available at (accessed 4 April 2008).
62
2005 Set of Principles to Combat Impunity, UN Doc.E/CN.4/2005/102/Add.1, Principles 35 to 38; 2005 Basic Principles and Guidelines
on Reparations, UN Doc.A/Res/60/147, para. 23.
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