Cyprus: procedures for prisoners to submit complaints confidentially
To protect prisoners making a complaint, a number of practical measures have been put in place. Prisoners can
communicate a complaint to the Prison’s management via locked complaints boxes available in each Block for the
director, without involving any member of staff in the process. Alternatively if prisoners fear that further abuse
will take place following the submission of a complaint through the internal procedures, there are two similar
locked boxes for complaints to the Ombudsman and the Council of Prisons, to which only the officers of those
bodies have access.
Germany: personal data protection procedures in place
Germany has procedures established in law to provide protection to witnesses. The 1998 Witness Protection Act
sets out key provisions including a requirement that the personal data of witnesses is confidential at all stages of
criminal proceedings. This has been supplemented by the 2001 Act to Harmonize the Protection of Witnesses
at Risk, which also establishes that the personal data of protected witnesses is to be kept confidential within
witness protection units and other government and non-state agencies. The files on protected witnesses are
maintained by the protection units and are not included in the investigation files, but they are made available to
the prosecution on request.
Hong Kong SAR, China: a wide range of protection measures available for victims
The Hong Kong Police Force has developed a Victim of Crime Charter setting out the rights of victims and
guidance for the handling of criminal investigations. Procedures to protect against reprisals include: the right to
request consideration of the use of a one-way viewing facility at an identification parade; the use of screens during
trials when testimony is being given; enabling victims or witnesses to enter/leave court via special passages; and
the use of video-recorded testimony to be given as evidence in court. In serious cases, persons can also request to
be considered for inclusion in the Witness Protection Programme.
Timor-Leste: protection procedures set out in Criminal Procedure Code
In Timor-Leste, Article 57(3) of the Criminal Procedure Code prohibits police and court officers against whom an
allegation has been made to contact the victim and there is a procedure to enable officers to be suspended during
an investigation into suspected acts of torture or ill-treatment.
ODIHR
T O O L
This tool is to be read in conjunction with OSCE-CTI,
UNCAT Implementation Tool 5/2018 Providing rehabilitation
to victims and survivors of torture and other ill-treatment.
UNCAT Implementation Tool 5/2018
PROVIDING REHABILITATION TO
VICTIMS OF TORTURE AND OTHER
ILL-TREATMENT
All victims of torture have an explicit right to rehabilitation under the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT, Article 14). Rehabilitation
should aim to restore, as far as possible, torture victims’ independence, physical, mental, social and vocational
ability, as well as their full inclusion and participation in society.1 States have a corresponding duty to provide
for as full a rehabilitation as possible, either through the direct provision of rehabilitation services or through
funding private medical, legal and other services, including those administered by non-governmental
organizations (NGOs).2
This tool provides an overview of how states have implemented the right to rehabilitation through a collection of
practices, supplemented with experiences from non-state rehabilitation providers. The practices included in this
tool are intended to inspire states to learn from each other and thereby improve implementation at the national
level, within the OSCE region and beyond.3 Promising practice examples from the OSCE region and from other
parts of the world have been collected to illustrate possible approaches and steps on the way to ensuring torture
victims’ right to the fullest possible level of rehabilitation. Their inclusion in the tool does not imply any form of
validation of their full compliance with international standards, regional or global relevance and applicability, or
superiority to alternative practices applied by other states.
1
UN Committee against Torture’s General Comment No. 3 (2012): Implementation of article 14 by States parties, p.11.
2
Ibid, p.15.
3
All OSCE participating States have ratified the United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. These are: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia
and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany,
Greece, Holy See, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Moldova, Monaco, Mongolia, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation,
San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, the former Yugoslav Republic of Macedonia,
Turkey, Turkmenistan, Ukraine, United Kingdom, United States, and Uzbekistan.
The CTI ‘UNCAT Implementation Tools’ are a series of practical tools designed to share good practices among States on the
implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
They offer thematic guidance and ideas for State practitioners and policymakers as they develop or revise context-specific strategies,
mechanisms and procedures to prevent torture and other forms of ill-treatment or punishment, and provide remedies for victims.
This Tool – Providing Rehabilitation to Victims of Torture and Other Ill-treatment – has been jointly developed by the OSCE Office for
Democratic Institutions and Human Rights (ODIHR) and the Convention against Torture Initiative (CTI).
1/13
TOOL: Complaints and investigations
14/17
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