Online proceedings for the IRCT General Assembly and 10th International Scientific Symposium - Delivering on the Promise of the Right to Rehabilitation

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Time: 14:10 to 15:40 Download Poster

Justice and reparation in Peru - voices and perspectives

Presenter(s) and co-author(s): Dr. Nora Sveaass ( University of Oslo - Norway ), Ms. Juana Luisa Lloret ( Centro de Atencion Psicosocial - Peru ), Ms. Carmen Wurst ( Centro de Atencion Psicosocial - Peru )

Background

An interview study on victims' perspectives on transitional justice in Peru was conducted. Around 40 persons affected by the violence in Peru were interviewed on their experiences with justice and reparation. The information from the interviews are discussed in relation to other important sources regarding these processes. What does the State promise and plan in terms of justice and reparation for victims, what does civil society, in particular the survivor organizations present as their claims and what are the recommendations that relevant treaty bodies, in this case the CAT, present in relation to these issues. These aspects are discussed.

Methodology

The study is based on interviews of Survivors, interviews of civil society representatives, state representatives and analyses of relevant documents, both from the Truth Commission in Peru, from state documents, and from the United Nations and CAT. An analysis of this information forms the basis of the discussion. The idea is to explore the relationship between the different perspectives on these important issues.

Results

The Survivors see reparation as an important part of their claim, but it has to be at a certain Level and has to reflect the actual losses. Parts of civil society, see rehabilitation as important part of reparation and argue for the right for persons affected by the violence to enjoy the right to rehabilitation in its full sense. The state has defined Health as part of the reparation process but does not take mental Health into account. This is thus one of the conflicting points. The state provides reparation as a one-time standard payment without defining the Level in accordance with losses and needs. The CAT clearly points to the need of the state both to ensure that there is no impunity for the crime of torture and that reparation must include rehabilitation, covering also mental health needs. Details in this picture will be elaborated.

Funding & No Conflicts Declaration

The study is financed by the Norwegian Research Council, the Latin America project

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