Do Trials as Part of Transitional Justice Challenge the Stigma Related to Being Targeted by Serious Human Rights Violations?

Abstract

There is often stigma attached to being the victim of state violence, as being targeted by state violence is often seen as proof that a person is guilty. This article discusses whether trials as part of transitional justice can challenge such stigma. Trials can provide a legal truth, through identifying what has happened, who the perpetrators are, and who the victim is. Trials and court hearings are an expression of what societies accept, and when a perpetrator is sentenced it is an expression of solidarity with the victim. The article compares how persons targeted by state violence by former regimes in Argentina and Peru describe and perceive of such stigma, how stigma has changed over time and with contemporary trials. There are important differences between the countries regarding the violent history, the groups targeted by state violence, and the ongoing trials, also regarding the outcome of the trials.