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  • Concept of restitution for victims of repression: principles and mechanisms

    September 26, 2023

    The time of democratic transition will be difficult for Belarus. To facilitate one of its aspects in advance, the Office of Sviatlana Tsikhanouskaya, together with human rights organizations, NGOs, lawyers, and former attorneys, has developed a draft Concept of restitution for victims of repression. The document will provide guidelines for restoring justice for those who have faced human rights violations during Lukashenka's rule.

    The draft Concept is available in Russian and Belarusian. Belarusians can share their feedback and proposals through the Telegram bot @AskOffice_Bot, email [email protected], and the Google form.

    • RELEASE OF REPRESSION VICTIMS

    All individuals who are illegally detained in places of detention must be immediately released after the democratic transition. A combined approach should be used, which provides for the release of both officially recognized political prisoners and other victims of repression. This is an extraordinary humanitarian measure and the first step towards restoring justice and human dignity.

    • RIGHT TO COMPENSATION

    All repressed individuals are recognized as victims of human rights violations and have the right to damages. This includes not only financial but also moral compensation, which includes dignity restoration.

    • ACCESSIBLE LEGAL ASSISTANCE

    Repressed individuals must have access to all necessary and effective means of legal assistance. They should not have to prove they are entitled to what is rightfully theirs. Compensation for damages inflicted on repressed individuals is the responsibility of the state.

    • RESTORATION OF PROPERTY AND COMPENSATION

    In cases where property has been confiscated, it is returned to its previous owner or their heirs. If this is not possible, its value is compensated. In case of disputes, the rights of repressed individuals take precedence over those of bona fide purchasers.

    • PREVENTION OF VICTIMIZATION

    In the rehabilitation process, it is crucial to ensure that repressed individuals are not subject to further victimization or stigmatization. Vulnerable groups, such as children, victims of sexual violence, and persons with disabilities, should be entitled to additional protection.

    • FULL REHABILITATION AND RESTORATION OF RIGHTS

    Repressed individuals who have been deprived of employment, academic degrees, or state awards are restored their rights.

    • TRANSPARENCY

    The Commission for Rehabilitation will work openly and transparently, while maintaining confidentiality and respecting the privacy of repressed individuals, especially regarding compensation for damages to victims of sexual violence or representatives of vulnerable groups.

    These principles are not only an action plan, but also a moral imperative that embodies belarus' aspirations for justice and humanity.

      

      

      

      

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