Practice Relating to Rule 150. Reparation
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’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’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.
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.
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.”