A/HRC/22/45 no victim of enforced disappearance shall be presumed dead over the objections of the family.‖18 2. Definition of those with the right to obtain reparation 51. The Working Group does not differentiate between direct and indirect victims, but rather considers that both the disappeared person and those who have suffered harm as a result of the disappearance are to be considered victims of the enforced disappearance and are therefore entitled to obtain reparation.19 For the purposes of reparation, a broad definition of the victim, not linked to the establishment of the criminal liability and conviction of the accused, should be adopted.20 52. The 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 Law21 define victims as persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the term ―victim‖ also includes the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization . B. Forms of reparation in cases of enforced disappearance 53. The Working Group noted that, in a number of countries, reparation was interpreted exclusively in the form of compensation, namely, as a sum of money intended to compensate all forms of damages caused to victims.The Working Group has already explained, in its general comments on article 19 of the Declaration, however, that the obligation to provide redress to victims of enforced disappearances is not limited to the right to monetary compensation, but includes, inter alia, medical and psychological care and rehabilitation for any form of physical or mental damage as well as legal and social rehabilitation, guarantees of non-repetition, restoration of personal liberty and similar forms of restitution, satisfaction and reparation that may remove the consequences of the enforced disappearance.22 54. The Working Group generally recommends the establishment of a national programme on reparations that includes compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition for all victims of human rights violations, including enforced disappearances.23 The Working Group also emphasizes that, within the scope of the right to reparation in the case of enforced disappearance, the family of the disappeared person has an imprescriptible right to be informed of the fate and/or 18 19 20 21 22 23 10 E/CN.4/1998/43, para. 74. See A/HRC/19/58/Rev.1, para. 58. Article 24, paragraph 1 of the Convention stipulates that the term ―victim‖ denotes ―the disappeared person and any individual who has suffered harm as the direct result of an enforced disappearance‖. See A/HRC/19/58/Add.2, para. 109. General Assembly resolution 60/147, annex. E/CN.4/1998/43, para. 75. See A/HRC/19/58/Add.1, para.79(b) and A/HRC/16/48/Add.1, para. 84(d). See also principle 18 of the 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.

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