A/76/168 documented and reported by civil society organizations, and allegations tra nsmitted by the Special Rapporteur on torture. A focus on contextualization and prevention 70. As torture and ill-treatment remain widespread in spite of continued efforts to eradicate them, accountability must be pursued on a wide scale to identify p atterns, systems and structures of abuse, detect risky policies and practices, and develop appropriate responses aimed not only at redress but also at prevention. To this end, States should have in place and effectively implement layered accountability mechanisms that provide legal avenues for establishing civil and criminal liability for torture and ill-treatment, as well as the responsibility of State bodies for involvement in torture and ill-treatment; ensure the non-repetition of violations, whether individual or systematic; and introduce systemic changes aimed at eliminating abusive practices and enhancing protective measures against such practices. Full reparation, including rehabilitation 71. States should establish and implement accountability procedures that deliver, either individually or in combination, full reparation to victims of torture and ill treatment, understood to include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. 58 Reparations programmes must be designed and implemented in consultation with victims and their representatives and must be, and be implemented in a manner that is, gender-sensitive, and furthermore take into account the race, ethnic, religious or indigenous background, social or migration status, sexuality, age or disability of the victim(s). Victims of torture or ill -treatment, and their families, must be provided with the means for as full a rehabilitation as possible at the earliest possible time within accountability proceedi ngs. Facilitating the active participation of victims and other stakeholders 72. States should facilitate the full and active participation of victims and survivors in accountability processes. In facilitating this, the category of “victim” 59 should be understood in a wide sense to include any persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omis sions that constitute gross violations of international human rights law or serious violations of international humanitarian law. 60 In order for accountability processes to be effective in redressing and repairing the harm caused and ensuring that it does not happen again, it is vital that States engage not only immediate victims and survivors but also their families and communities, as well as other actors with specific knowledge and expertise relevant to the case. This includes victims’ organizations, civil society organizations, torture rehabilitation centres, medical forensic experts and experts from regional and international organizations. __________________ 58 59 60 22/23 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, paras. 18–23. In line with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the term “victim” should also, where appropriate, include the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization. Ibid, para. 8. 21-09914

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