“12. The Committee emphasizes that the obligation of States parties to provide
the means for ‘as full rehabilitation as possible’ refers to the need to restore and
repair the harm suffered by a victim whose life situation, including dignity, health and
self-sufficiency may never be fully recovered as a result of the pervasive effect of
torture. The obligation does not relate to the available resources of States parties and
may not be postponed.”
“13. In order to fulfil its obligations to provide a victim of torture or ill-treatment with
the means for as full rehabilitation as possible, each State party should adopt a
long-term, integrated approach and ensure that specialist services for victims
of torture or ill-treatment are available, appropriate and readily accessible.
These should include: a procedure for the assessment and evaluation of individuals’
therapeutic and other needs, based on, inter alia, the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (The Istanbul Protocol); and may include a wide range of
inter-disciplinary measures, such as medical, physical and psychological rehabilitative
services; re-integrative and social services; community and family-oriented assistance
and services; vocational training; education etc. A holistic approach to rehabilitation
which also takes into consideration the strength and resilience of the victim is of
utmost importance. Furthermore, victims may be at risk of re-traumatisation and have
a valid fear of acts which remind them of the torture or ill-treatment they have
endured. Consequently, a high priority should be placed on the need to create a
context of confidence and trust in which assistance can be provided. Confidential
services should be provided as required.”
“14. The requirement in the Convention to provide these forms of rehabilitative
services does not extinguish the need to provide medical and psychosocial
services for victims in the direct aftermath of torture, nor does such initial care
represent the fulfilment of the obligation to provide the means for as full rehabilitation
as possible.”
“15. States parties shall ensure that effective rehabilitation services and
programmes are established in the State, taking into account a victim’s culture,
personality, history and background and are accessible to all victims without
discrimination and regardless of a victim’s identity or status within a marginalized or
vulnerable group, as illustrated in paragraph 32, including asylum seekers and
refugees. States parties’ legislation should establish concrete mechanisms and
programmes for providing rehabilitation to victims of torture or ill-treatment. Torture
victims should be provided access to rehabilitation programmes as soon as possible
following an assessment by qualified independent medical professionals.”
Access to rehabilitation programmes should not depend on the victim
pursuing judicial remedies. The obligation in article 14 to provide for the means for
as full rehabilitation as possible can be fulfilled through the direct provision of
rehabilitative services by the State, or through the funding of private medical, legal
and other facilities, including those administered by non-governmental organizations
(NGOs), in which case the State shall ensure that no reprisals or intimidation are
directed at them. The victim’s participation in the selection of the service provider is
essential. Services should be available in relevant languages. States parties are
encouraged to establish systems for assessing the effective implementation of
rehabilitation programmes and services, including by using appropriate indicators and
benchmarks.”
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