A/HRC/22/45 whereabouts of the disappeared person and, in the event of decease, that person‘s body must be returned to the family as soon as it has been identified, regardless of whether the perpetrators have been identified or prosecuted.24 1. Restitution 55. Restitution is the act of restoring the victim, to the extent possible, to the original situation before the violation was committed. In the case of enforced disappearance, these measures include recovery of identity, 25 restoration of liberty or return to one‘s place of residence. The Working Group underlines that, as full restitution is normally not possible in the case of enforced disappearance owing to the irreversible nature of the harm suffered, other forms of reparation, such as compensation and rehabilitation, should complement restitution. Furthermore, it is important to emphasize that, even when restitution is possible, reparation measures to return the victim to the status quo ante may need to remedy and address prior situations of discrimination and/or vulnerability. 2. Compensation 56. The Working Group emphasizes that financial compensation is not sufficient in itself and should be normally associated with other forms of reparation. 26 The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law provide that compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law. Principle 20 also provides a list of what may be considered economically assessable damage: (a) physical or mental harm; (b) lost opportunities, including employment, education and social benefits; (c) material damages and loss of earnings, including loss of earning potential; (d) moral damage; or (e) costs required for legal or expert assistance, medicine and medical services, and psychological and social services. 57. Compensation is an important element of the right to an effective remedy, particularly when restoring the victim to the situation ex ante is not possible, as is frequently the case in many international crimes, including enforced disappearance. The Working Group emphasizes that compensation should be full and ―adequate‖, namely, proportionate to the gravity of the human rights violation (such as the period of disappearance or the conditions of detention) and to the suffering of the victim and the family.27 58. The Working Group also emphasizes that monetary compensation should be applied in a broad sense and must be given for any damage resulting from an enforced disappearance, such as physical or mental harm,28 lost opportunities,29 material damages 24 25 26 27 28 See E/CN.4/2005/102/Add.1, principle 34. See Inter-American Court of Human Rights , Case of Contreras et al. v. El Salvador, judgement of 31 August 2011 (available from www.corteidh.or.cr/docs/casos/articulos/seriec_232_ing.pdf), para. 193. See A/HRC/19/58/Add.3, para. 54. The Working Group previously examined the issue of compensation for victims of enforced disappearances in its annual report for 1997 (E/CN.4/1998/43). In preparing that report, the Working Group wrote to countries with more than 20 outstanding cases to seek information on each country‘s practice in this regard. A/HRC/16/48/Add.1, para. 45. The concept of non-pecuniary damages was developed by the Inter-American Court of Human Rights to include ―both the suffering and distress caused to the direct victims and their next of kin, and the impairment of values that are highly significant to the individual, as well as other changes of a nonpecuniary nature in the living conditions of the victims or their next of kin‖. See Contreras et al. v. El 11

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