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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