CEDAW/C/76/D/116/2017 8.6 In the light of the facts before it, the Committee considers that the delay in and lack of an effective and timely investigation amount to a violation of article 1, read in conjunction with articles 2 (b)–(d) and (f) and 3, of the Convention. The Committee also observes that the State party’s failure to provide the author with adequate, effective, promptly attributed compensation and redress for the harm suffered by her as a consequence results in a violation of article 15 (1), read in conjunction with article 2 (c) and (e), of the Convention. 8.7 With regard to the author’s allegation that the failure of the State party to recognize her as civilian victim of armed conflict and provide her with social support and benefits results in a violation of article 1, read in conjunction with articles 2 (a) and (c)–(f), 3, 12 and 13 (a) and (b), of the Convention, the Committee recalls its concluding observations on the sixth periodic report of the State p arty (CEDAW/C/BIH/CO/6), in which it noted with concern the limited support and assistance provided to victims of and witnesses to war crimes and the lack of reparation for victims (para. 15) and recommended that the State party establish a fund to provide compensation and other forms of reparation to women who are victims of war crimes (para. 16). In that context, the Committee also refers to the concluding observations of the Committee against Torture on the sixth periodic report of the State party (CAT/C/BIH/CO/6), in which it expressed its serious concern about the prolonged delay in the development of relevant legislation and policies and its regret that the absence of a national reparation mechanism forces victims of war crimes, especially survivors of wartime sexual violence, to go through complex and lengthy proceedings at the entity level to obtain limited assistance, including social welfare benefits (para. 18). The Committee against Torture also recalls that States parties are obliged to provide redress to victims of torture procedurally and substantively. 29 To satisfy their procedural obligations, States parties shall enact legislation and establish complaints mechanisms and ensure that such mechanisms and bodies are effective and accessible to all victims. 30 The Committee against Torture recalls that, on account of the continuous nature of the effects of torture, statutes of limitations should not be applicable, as they deprive victims of the redress, compensation and rehabilitation due to them. 31 The Committee against Torture urged the State party to take all the measures necessary to enable victims of torture and ill treatment, including victims of wartime sexual violence, to exercise their right to redress (ibid., para. 19). The Committee on the Elimination of Discrimination against Women considers that redress, including restitution, compensation and rehabilitation, should cover all the harm suffered by the victim and measures to guarantee that there is no recurrence of the violation, always bearing in mind the circumstances of each case. 8.8 In the present case, the Committee observes that the author’s requests for redress had been time-barred. The Committee notes that, although the author was granted, in February 2019, the status of victim of sexual violence and a monthly disability pension of 130 marka (€66.47) under the new Law on the Protection of Victims of Torture in the Republika Srpska, the State party still failed to provide her with timely recognition of her status as a victim and that the amount of the pension is not commensurate with the harm suffered by the author, comprising severe physical harm, including the impact on her sexual and reproductive health and rights, as well as psychological harm and material damage and prejudice. Moreover, while the Committee notes that the State party argues that adequate compensation could be provided under amendments to __________________ 29 30 31 14/16 See Committee against Torture, general comment No. 3 (2012) on the implementation of article 14 (CAT/C/GC/3), para. 5; and A v. Bosnia and Herzegovina (CAT/C/67/D/854/2017), para. 7.5. See Committee against Torture, general comment No. 3. Ibid., para. 40. 20-11100