Victim Expectations and Satisfaction with Reparation Awards: Contribution of ECtHR to Repairing Harm

• In Event: Victim Compensation and Reparations

Abstract

Victims of gross human rights violations and mass atrocities in Türkiye are awarded reparations by The European Court of Human Rights (ECtHR) in numerous cases. Reparations by the ECtHR may include redress for non-pecuniary damages and are usually in the form of monetary reparations, although in some cases the court can require other measures such as effective investigation and punishment of perpetrators as a component of just satisfaction. Drawing on Expectancy-Disconfirmation theory and research on modalities of reparations, we aim to understand the extent to which reparations could be realized from the perspective of victim-survivors. We find that acknowledgement of victimization by the top human rights court in Europe matters a lot and vindicates the victims in a setting where denial of state responsibility is the norm; however, contrary to what the ECtHR may provide for, as the interviews suggest, symbolic reparations are more important than monetary reparations; and putting an end to impunity of perpetrators is a top priority for victims. We also find that the state often increases the harm to the victims, as opposed to repairing the harm done. More detailed reparations orders from the ECtHR can be more effective in providing reparations for victims.

Authors

• Fikret Demirçivi, NSCR Netherlands Institute for the Study of Crime and Law Enforcement

• Mijke de Waardt, Vrije Universiteit Amsterdam / NSCR