A/HRC/22/45
truth and to justice are equally central to victims‘ perceptions of reparation. Indeed, in some
instances, the truth and justice process may in itself constitute a form of reparation.
63.
Other forms of satisfaction for victims of enforced disappearance and their families
include a judicial decision36 or an official declaration restoring the dignity, the reputation
and the rights of the victim and of persons closely connected with the victim; a public
apology, including acknowledgement of the facts and acceptance of responsibility, for
instance through a public ceremony or act; and commemorations and tributes to the victims.
Specific measures relating to enforced disappearance may include the creation of
specialized units to carry out the investigation of complaints of serious human rights
violations, including enforced disappearances; the elaboration of a protocol for the
collection and identification of the bodily remains; the creation of psychosocial assistance
programme for individuals who are found and their relatives, and for the relatives of those
who remain disappeared; and public access to State files and archives containing relevant
information.37
64.
The Working Group considers that the establishment of memorial sites and
monuments contributes to the collective social recognition of violations that have occurred,
as well as to the rejection and repudiation of these violations which could also serve as a
preventive measure.38 The Working Group emphasizes that States should adopt a
comprehensive legal framework for reparation programmes, including the issue of
memorials, with a view to avoiding re-victimization and further violations of the right to
dignity. Legislation should set out the criteria and the process for the establishment of such
memorials, taking into account the potential controversies that may arise out of conflicting
memories from different groups in society.39 The establishment and maintenance of
memorial sites is a responsibility of the State, with the close participation of the relatives of
the disappeared and other parties concerned.40
65.
With regard to guarantees of non-repetition, there are measures that should be taken
to prevent future recurrence of enforced disappearances. Principle 23 (e) of the abovementioned Basic Principles and Guidelines refers to various possible guarantees of nonrepetition, such as providing, on a priority and continued basis, human rights and
international humanitarian law education to all sectors of society and training for law
enforcement officials as well as military and security forces; promoting mechanisms for
preventing and monitoring social conflicts and their resolution; and reviewing and
reforming laws contributing to or allowing gross violations of international human rights
law and serious violations of international humanitarian law.41 The introduction of specific
36
37
38
39
40
41
In the case of judicial decisions, the publication and dissemination of the judgement is also considered
a form of satisfaction.
See Contreras et al. v. El Salvador (see footnote 25), paras. 211-214; and Case of Gelman v.Uruguay
(footnote 29), paras. 272-282.
See A/HRC/19/58/Add.3, para. 101 (c); E/CN.4/2006/56/Add.1, para. 115; and A/HRC/10/9/Add.1,
para. 65.
See also A/HRC/16/48/Add.1, paras. 48 and 84 (g).
In Chile, for instance, while the State has supported the construction and maintenance of several
memorials and the development of cultural acts of various kinds, the increasing construction and
maintenance of memorials aimed at the preservation of historic memory has been essentially the
product of civil society initiatives, mainly of organizations of relatives of victims, not of a policy
initiated by the State. See A/HRC/22/45/Add.1, para.50.
Other guarantees mentioned in principle 23 are: (a) Ensuring effective civilian control of military and
security forces; (b) Ensuring that all civilian and military proceedings abide by international standards
of due process, fairness and impartiality; (c) Strengthening the independence of the judiciary; (d)
Protecting persons in the legal, medical and health-care professions, the media and other related
professions, and human rights defenders; (f) Promoting the observance of codes of conduct and
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