Règle correspondante
Peru
Practice Relating to Rule 150. Reparation
Peru’s Law Creating the Comprehensive Reparations Plan (2005) states:
The purpose of the present law is to create the legal framework for the Comprehensive Reparations Plan – CRP for victims of the violence that took place between May 1980 and November 2000 in accordance with the conclusions and recommendations in the report of the Truth and Reconciliation Commission. 
Peru, Law Creating the Comprehensive Reparations Plan, 2005, Article 1.
The Law also states:
For purposes of the present law, beneficiary is the victim, relatives of the victims or groups who … were subjected to a violation of their human rights on an individual basis and those who experienced harm to the social fabric [of their community] by being subjected to a violation of their collective rights[. They] … shall benefit from the Comprehensive Reparations Plan recommended by the Truth and Reconciliation Commission. 
Peru, Law Creating the Comprehensive Reparations Plan, 2005, Article 5.
The Law further states:
For purposes of the present law, victims are considered to be persons or groups of persons who have experienced acts or omissions that constitute human rights violations such as enforced disappearance, kidnapping, extrajudicial execution, murder, forced displacement, arbitrary detention, forced recruitment, torture, rape or killings, as well as the relatives of persons who died or disappeared within the timeframe stipulated by Article 1 of the present law. 
Peru, Law Creating the Comprehensive Reparations Plan, 2005, Article 3.
Peru’s Regulations to the Law Creating the Comprehensive Reparations Plan (2006) state:
Reparations
are actions taken by the State for the benefit of the victims of the process of violence mentioned in Article 3 of the Law [Creating the Comprehensive Reparations Plan] in order to explicitly recognize them as victims. [Such actions have the objective] of providing the victims with access to justice, restitution of their rights, the resolution of after-effects of human rights violations as well as material and moral reparation, be it specific or symbolic, for the harm suffered. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 3.
The Regulations also provide:
State action regarding reparations shall be based on concurrent and specific actions carried out by State entities and shall be aimed at promoting programmes of reparations that allow victims of the process of violence to obtain restitution for the rights violations they experienced during the internal armed conflict. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 5.
The Regulations further states:
The determination and allocation of reparations for victims and beneficiaries under any reparations programme for victims and beneficiaries shall be carried out in a way that treats persons in the same situation equally and proportionately and that treats differently persons in different situations. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 6(c).
The Regulations also states:
The determination and allocation of reparations under any reparations programme for victims and beneficiaries shall be carried out without any distinction, exclusion, restriction or preference of any nature that would have the objective or consequence of annulling or discrediting the acknowledgment, allocation and enjoyment of the reparations in conditions of equality. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 6(d).
The Regulations further states:
The Comprehensive Reparations Plan … has the following objectives:
d) To provide reparation and/or compensate for the human, social, moral, material, and economic harm caused by the process of violence to the affected persons, families, indigenous communities and populations. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 10(d).
The Regulations also states:
Victims shall be considered to be any persons or groups of persons who during the process of violence suffered from acts or omissions that violated international human rights law, such as:
a) extrajudicial execution,
b) murder,
c) enforced disappearance,
d) rape,
e) torture,
f) kidnapping,
g) forced displacement,
h) arbitrary detention,
i) forced recruitment,
j) violation of due process. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 45.
In 2009, in the Fujimori case, the Special Criminal Chamber of Peru’s Supreme Court of Justice was called upon to decide whether a former Peruvian president incurred criminal and civil liability for acts committed in 1991 and 1992 in the context of anti-terror operations, including the abduction of two individuals (the so-called SIE Basement Case) and the murder and injury of numerous individuals in Barrios Altos and at the so-called La Cantuta university in Lima. All of these acts were carried out by State officials whilst [the accused] was president. The Court held:
[T]o the extent that the acts before us qualify as “… gross violations of international human rights law and serious violations of international humanitarian law constituting crimes under international law, …” as identified in the fourth principle [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 IHL (2005)], the provisions of the [aforementioned] Basic Principles and Guidelines are applicable before domestic courts. 
Peru, Supreme Court of Justice, Fujimori case, 7 April 2009, § 800.
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
120. The TRC [Truth and Reconciliation Commission] laid down the duty and right to compensate the victims of violence in the following terms:
According to international human rights law, the responsibility of the State arises when the latter fails to fulfil its primary obligation to respect and ensure respect for internally recognized human rights. This obligation includes … the duty to provide compensation for victims.
121. Insofar as, according to the TRC, the Peruvian State has the duty to offer due compensation to all victims of violence, including torture victims, the TRC recommended a Comprehensive Plan for Reparations, the general objective of which is: “to repair and compensate the violation of human rights as well as social, moral and material losses or damage suffered by victims as a result of internal armed conflict.” This plan makes provision for various types of reparations …
Comprehensive Plan for Reparations includes torture victims:
Generally speaking, the TRC considers that victims include … all persons or groups of persons who for the purposes of or on account of the internal armed conflict which the country underwent between May 1980 and November 2000 have been subjected to any acts or omissions that violate the rules of international human rights law, such as: enforced disappearance, abduction, extrajudicial execution, assassination, enforced displacement, arbitrary arrest and violation of due process, enforced recruitment, torture, rape, and wounds, injuries or death inflicted in the course of attacks that violate international humanitarian law.
123. In order to follow up the TRC’s recommendations and to coordinate the implementation of public policies specifically aimed at the fulfilment of peace, reconciliation and collective reparation goals, the High Level Multisectoral Committee was set up with responsibility for monitoring State actions and policies in the areas of peace, collective reparation and national reconciliation. Within one year of the issue of the TRC’s final report, the High Level Committee found that a number of steps had been taken to achieve collective reparations, including the following: approval of the Framework Programme of State Action in the Area of Peace, Reparation and National Reconciliation; the Supreme Decree extending the benefits of comprehensive health insurance to the victims of internal conflict suffering from mental health problems; and the Ministerial Decision setting up a list of victims’ organizations. 
Peru, Fourth periodic report to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/SR.697, submitted 15 November 2004, §§ 120–121 and 123; see also § 177–179.
[Emphasis in original; footnotes in original omitted]
Peru’s IHL Manual (2004) states: “The belligerent State is bound to pay compensation for damage caused to persons or property [through violations of IHL].” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 172.g.
Peru’s IHL and Human Rights Manual (2010) states: “The belligerent State is bound to pay compensation for damage caused to persons or property [through violations of IHL].”  
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 163(g), p. 343.
Peru’s Regulations to the Law Creating the Comprehensive Reparations Plan (2006) states:
The aim of this programme is to grant economic reparation to the victims referred to in Articles 38 and 39 of the present Regulations. The granting of such reparations shall only be applicable once the process of identifying the victims is completed and only if the general procedure for the registration, identification and certification referred to in Article 73 of these Regulations was followed. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 37.
In 2007, in the Chuschi case, the National Criminal Chamber of Peru’s Supreme Court of Justice stated regarding the crime of enforced disappearance:
In this case the state, its institutions, mechanisms and agents should have guaranteed the protection against criminal acts as opposed to … state agents systematically violating its citizens’ rights.
Thus … , compensation shall be paid jointly between those responsible for the crime and third parties found civilly liable, thus requiring the state to compensate the victims or their families. 
Peru, Supreme Court of Justice, National Criminal Chamber, Chuschi case, Case No. 105-04, Judgment of 5 February 2007, p. 145.
In 2006, during the consideration of the fourth periodic report of Peru before the Committee against Torture, a representative of Peru stated: “With regard to the programme of reparations recommended by the Truth and Reconciliation Commission, measures … [are] in preparation for the payment of the equivalent of some US$ 8 million under the Comprehensive Plan for Reparations.” 
Peru, Statement before the Committee against Torture during the consideration of the fourth periodic report of Peru, 9 May 2006, UN Doc. CAT/C/SR. 697 § 36.
Peru’s Law Creating the Comprehensive Reparations Plan (2005) states:
The Comprehensive Reparations Plan comprises the following programmes: a) Programme on the Restitution of Citizens’ Rights. b) Programme of Reparations dealing with Education. c) Programme of Reparations dealing with Health. d) Collective Reparations Programme. e) Symbolic Reparations Programme. f) Programme for the Promotion and Facilitation of Access to Housing. g) Other programmes to be approved by the Multi-Sectoral Commission. 
Peru, Law Creating the Comprehensive Reparations Plan, 2005, Article 2.
The Law also states:
The purpose of the present law is to create the legal framework for the Comprehensive Reparations Plan – CRP for victims of the violence that took place between May 1980 and November 2000 in accordance with the conclusions and recommendations in the report of the Truth and Reconciliation Commission. 
Peru, Law Creating the Comprehensive Reparations Plan, 2005, Article 1.
Peru’s Regulations to the Law Creating the Comprehensive Reparations Plan (2006) states:
The Comprehensive Reparations Plan … has the following objectives:
b) To take measures for the restitution and full exercise of the civil rights of victims of the process of violence.
c) To contribute to the recovery of conditions, capacities and opportunities for personal development lost by victims as a consequence of the process of violence. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 6(b)–(c).
The Regulations also states: “The objective of the Collective Reparations Programme is to contribute to the reconstruction of the social, institutional, material and productive capital of families and rural and urban communities affected by the process of violence.” 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 25.
The Regulations further states:
The objective of the Symbolic Reparations Programme is to contribute to the restoration of social ties that were broken by the process of violence between the State and its citizens and amongst citizens by publicly acknowledging the damage caused by the actions of subversive groups and by the acts or omissions of the State with a view to supporting national reconciliation. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 30.
The Regulations also state:
The following constitute forms of symbolic reparation under the Symbolic Reparations programme:
a) Public gestures, including apologies to the country by State officials; letters to victims or their relatives; public events to publicize the Truth and Reconciliation Commission’s Report.
b) Acts of acknowledgment, including acknowledging all victims of the process of violence; the innocent who were imprisoned, social leaders and civilian authorities, members of the Armed Forces, National Police and local governments, members of the Self-Defence Committees, organizations of people affected by the process of violence and organizations committed to the defence of human rights and communities.
c) Acts promoting reconciliation such as changing the symbols associated with the violence in the affected territories and changing the meaning of symbols associated with human rights violations such as closing and/or converting prisons associated with these violations, as proposed by the people affected and in coordination with them.
d) Remembering the names of those considered heroes in the achievement of peace, naming after them streets, public places, bridges, highways, a district or region, as proposed by the people affected and in coordination with them.
e) The inclusion as Heroes for Peace of every dead victim registered in the RUV [Central Victims’ Register].
f) Declaring 28 August as the Remembrance Day for the Victims of the Violence. 
Peru, Regulations to the Law Creating the Comprehensive Reparations Plan, 2006, Article 32.
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
Insofar as, according to the TRC [Truth and Reconciliation Commission], the Peruvian State has the duty to offer due compensation to all victims of violence, including torture victims, the TRC recommended a Comprehensive Plan for Reparations, … This plan makes provision for various types of reparations, including forms of symbolic, health, educational, financial, collective and other compensation. 
Peru, Fourth periodic report of Peru to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/SR.697, submitted 15 November 2004, §121.
In 2006, during the consideration of the fourth periodic report of Peru before the Committee against Torture, a representative of Peru stated: “Other programmes [of reparations] … [are] being developed for the provision of health care for victims of violence and for the exhumation of human remains.” 
Peru, Statement before the Committee against Torture during the consideration of the fourth periodic report of Peru, 9 May 2006, UN Doc. CAT/C/SR.697 § 36.