A/76/168 IV. Accountability and reparation, including rehabilitation 44. Accountability for torture and ill-treatment requires processes and mechanisms to be available and effectively deployed to deliver, either individually or in combination, full reparation to victims of torture and ill -treatment. Full reparation is understood to encompass restitution, compensation, rehabilitation, satisfacti on and guarantees of non-repetition. 43 It should be emphasized that the reparations offered must be, and be implemented in a manner that is, gender-sensitive, and furthermore must take into account the race, ethnic, religious or indigenous background, soci al or migration status, sexuality, age or disability of the victim(s). 45. Restitution should, whenever possible, restore the victim to the original situation before the torture or ill-treatment occurred. Compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case. Rehabilitation should include medical and psychological care, including trauma therapy, as well as legal and social services. Satisfaction should include the cessation of continuing violations, full and public disclosure of the truth in respect of what occurred, an official declaration or a judicial decision restoring the dignity, reputation and rights of the victim and of persons closely connected with the victim, a public apology that acknowledges the facts and accepts responsibility, and appropriate sanctions imposed for criminal wrongdoing. Guarantees of non-repetition encompass measures that ensure civilian oversight of law enforcement and military authorities; strengthen the independence of the judiciary and protect legal, medical, health -care and media professionals and human rights defenders; provide education and training to all relevant authorities to promote better compliance with the prohibition; and review and reform laws contributing to or allowing torture or ill-treatment to occur. 44 46. The Special Rapporteur would place particular emphasis on holistic rehabilitation for victims of torture and ill-treatment, both as an outcome of accountability processes and as a mechanism supporting victims to engage with such processes. In particular, considering the length and complication of many accountability processes and the urgent need of victims, victims of torture or ill treatment should be provided with the means for as full a rehabilitation as possible at the earliest possible point in time without awaiting the finalization of proceedings. At the same time, the Rapporteur would emphasize that rehabilitation is a fundamental entitlement of all victims of torture or ill-treatment, irrespective of the progress of any investigatory or other accountability-driven proceedings and the involvement of the victims therein. 47. Victims should participate and be foregrounded in determining w hat amounts to meaningful reparation and rehabilitation in response to their abuse. Victims are best placed to define what meaningful reparation is, for example, in relation to the content and form of public apologies and from whom they are comfortable rec eiving rehabilitation services. Both in individual and collective accountability processes, victims should have effective access to present their views on this issue. Fundamentally, therefore, accountability processes should be reparative and responsive to the needs of victims. The pursuit of redress and the holding of individuals and States responsible for torture and ill-treatment should operate alongside restorative measures for victims of torture and ill -treatment, which __________________ 43 44 21-09914 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. Ibid., paras. 19–23. 15/23

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents