A/76/168
institutional or legal reforms that might be called for to ensure non-repetition”. 38
Accordingly, full accountability for torture and ill-treatment, to capture both the
reparative and preventive functions of accountability, should involve establishing and
addressing the wider circumstances in which such abuse took place and/or in which
any more systematic or systemic patterns of violation are embedded.
41. Indeed, the reparative dimension of accountability is not exhausted by redress
for the specific violation. Rather, a proper recognition of the gravity of tortur e and
ill-treatment, and of the wider circumstances in which such abuse was embedded,
calls for transformative reparations. Transformative reparations are orientated not
only at redressing or correcting the individual violations at issue themselves, but al so
at transforming the enabling conditions in which such violations have occurred and
proliferated. This transformative dimension of reparations attacks the wider
circumstances conducive to such violations, and by implication has significant
preventive potential.
42. In particular, it is well-established that torture and ill-treatment spread and
metastasize in conditions in which systemic discrimination, material inequality and
other sources of stigmatization, marginalization, exclusion and vulnerability
prevail. 39 Accountability in its fullest sense must involve recognizing and seeking to
transform these conditions. The recognition of such conditions can be enabled
through: (a) the adoption of a wide lens in the investigation of alleged or suspected
incidents of torture or ill-treatment, which should be capable of establishing the
existence of a pattern or systemic issue, as well as the wider factors enabling or
entrenching abuse; and (b) the examination of such systemic and structural factors by
mechanisms orientated at preventing torture on the national and international plane.
The transformation of these conditions would include revising violent or
discriminatory political narratives, policies and practices, as well as pursuing
measures to remedy legal, structural and socioeconomic conditions that may increase
exposure to violence and abuse by State officials and non-State actors. 40 A truly
transformative approach to accountability for torture and ill-treatment should
accommodate and embrace socioeconomic, redistributive measures that meaningfully
alleviate the unequal structures in which persons are systematically victimized.
43. Crucially, a transformative orientation means that accountability mechanisms
must look beyond laws and procedures that apportion individual responsibility for the
wrongdoing at issue and include wider processes of inquiry, reparation and reform
that are better capable of tackling the “ecology” of torture. 41 As highlighted by the
mandate of the Special Rapporteur on violence against women: “While criminal and
tort procedures may seek to apportion individual responsibility for moral and material
harm and grant reparations to victims, they do not provide the proper framework for
rehabilitation and guarantees of non-repetition, which may have the greatest
transformative potential.” 42 Accountability, therefore, must be understood as a
participatory process which identifies, acknowledges and addresses the legal and
institutional framework, as well as the structural and environmental condit ions, which
enabled the violation, and is capable of triggering transformative responses to these
findings.
__________________
38
39
40
41
42
14/23
A/HRC/14/22, para. 62.
A/73/207, paras. 60–74; see also A/HRC/13/39/Add.5, paras. 171–172.
A/73/207, para. 77.
Danielle Celermajer, The Prevention of Torture: An Ecological Approach (Cambridge University
Press, 2018).
Ibid, para. 36.
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