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
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