Human Rights Law and Serious Violations of International Humanitarian
Law; remedies for gross violations of international human rights law include
the victims‟ right to adequate, effective and prompt reparation for harm
suffered.25
130.
Adequate, effective and prompt reparation is intended to promote justice
by redressing gross violations of international human rights law. A State
shall provide reparation to victims for acts or omissions which can be
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attributed to the State and constitute gross violations of international human
rights law.26 Full and effective reparation should be provided to victims of
violations of international human rights law as laid out in principles 19 to 23,
which include the following forms: restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.
131.
According to principle 20, compensation should be provided for “any
economically assessable damage”, such as “physical or mental harm”; “lost
opportunities, including employment, education and social benefits”;
“material damages and loss of earnings, including loss of earning potential”;
“moral damage”; and “costs required for legal or expert assistance, medicine
and medical services, and psychological and social services”. Satisfaction
includes a “public apology, including acknowledgement of the facts and
acceptance of responsibility”
132.
With respect to Lameck Chemvura who died as a result of unsanctioned
activities by members of the national army of the Respondent State, there are,
however, principles recognized by international law that attach legal
responsibility to a State for acts committed by officials not acting on behalf of
UNGA Res. 60/147: 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
26
Id, principle 15
25
36