Paragraph numbers below are the court’s original numbering, recovered from the source text.
2. The obligation to respect and to ensure respect for human rights and international humanitarian law includes the duty : to prevent violations, to investigate violations, to take appropriate action against the violators, and to afford remedies and reparation to victims. Particular C attention must be paid to the prevention of gross violations of human rights and international humanitarian law and to the duty to prosecute and punish perpetrators of crimes under international law. Applicable norms
3. The human rights and humanitarian norms which every State has the duty to respect and to ensure respect for, are defined by international law and must be incorporated and in any event made defective in national law. Jn the event international and national norms differ, the State shall ensure that the norms providing the higher E degree of protection will be made applicable. Right to. a remedy
4. Every State shall ensure that adequate legal or other appropriate remedies are available to any person claiming that his or her human F rights have been violated. The right to a remedy against violation of human rights and humanitarian norms includes the rights to access to national and any available international procedure for their protection.
5. The legal system of every State shall provide for prompt and effective disciplinary, administrative, civil and criminal procedures so G as to ensure readily accessible and adequate redress, and protection from intimidation and retaliation. Every State shall provide for universal jurisdiction over gross violations of human rights and international humanitarian law which constitute crimes under international law. Reparation
6. Reparation may be claimed individually and where appropriate collectively, by the direct victims of violations of human rights and t -· international humanitarian law, the immediate family, dependants or other persons or groups of persons closely connected with the direct victims. c
7. (In accordance with international law,) States have the duty to adopt special measures, where necessary, to pennit expeditious and fully effective reparations. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations. Reparations shall be proportionate to the gravity of the violations and the resulting damage and shall include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
8. Every State shall make known, through public and private mechanisms, [both at home and where necessary abroad) the available procedures for reparations.
9. Statutes of limitations shall not apply in respect of periods during which no effective remedies exist for violations of human rights or international humanitarian law. Civil claims relating to reparations for gross violations of human rights and international humanitarian law shall not be subject to statutes of limitations.
10. Every State shall make readily available to competent authorities all infonnation in its possession relevant to the detennination of claims for reparation.
11. Decisions relating to reparations for victims of violations of human rights or international humanitarian Jaw shall be implemented in a diligent and prompt manner. Fonns of reparation Reparations, to be provided in accordance with the Jaw of every State, may take any one or more of the fonns mentioned below, which are not exhaustive, viz.
12. Restitution shall be provided to reestablish the situation that existed H prior to the violations of human rights or international humanitarian law. STATEOFGUJARATv.H.C.OFGUJARAT [D.P.WADHWA,J.] Restitution requires inter alia, restoration of liberty, family life citizenship, A return to one's place of residence, and restoration of employment or property.
13. Compensation shall be provided for any economically assessable damage resulting from violations of human rights or international humanitarian law, such as : (a) Physical or mental harm, including pain, suffering and emotional distress; (b) Lost opportunities including education; ( c) Material damages and loss of earnings, including loss of earning potential; ( d) Harm to reputation or dignity; (e) Costs required for legal or expert assistance, medicines and medical services.
14. Rehabilitation shall be provided and will include medical and D psychological care as well as legal and social services.
15. Satisfaction and guarantees of non-repetition shall be provided, including, as necessary : (a) Cessation of continuing violations; (b) Verification of the facts and full and public disclosure of the truth; (c) An official declaration or a judicial decision restoring the dignity, reputation and legal rights of the victim and/or of persons closely connected with the victim; (d) Apology, including public acknowledgment of the facts and acceptance of responsibility; (e) Judicial or administrative sanctions against persons responsible for the violations; (f) Commemorations and paying tribute to the victims; (g) Inclusion in human rights training and in history or school textbooks of an accurate account of the violations committed in the field of human rights and international humanitarian law; (h) Preventing the recurrence of violations by such means as : (i) Ensuring effective civilian control of military and security forces; (ii) Restricting the juri~diction of military tribunals only to specifically military offences committed by members of the armed forces; (iii) Strengthening the independence of the judiciary; (iv) Protecting persons in the legal profession and human rights defenders; c (v) Conducting and strengthening, on a priority and continued basis, human rights training to all sectors of society, in particular to military and security forces and to law enforcement officials." B.K.M. Appeals disposed of.