A/HRC/34/54/Add.3
315. The Special Rapporteur draws the attention of the State to his 2016 thematic report
specifying that “Reparations must be premised on a full understanding of the gendered
nature and consequences of the harm suffered and take existing gender inequalities into
account to ensure that they are not themselves discriminatory" (see A/HRC/14/22, para.
32). They must address the context of structural discrimination in which violations
occurred and aim to provide both restitution and rectification. Reparations must have a
transformative impact, addressing the underlying causes and consequences of
violations, and offer continued protection for and respectful engagement with victims
(A/HRC/14/22). As stipulated in the Nairobi Declaration on Women’s and Girls’ Right
to a Remedy and Reparation, victims must be empowered to help determine what forms
of reparation are best suited to their situation. Adequate redress requires States to
investigate, prosecute and punish perpetrators and inform the public of results
(A/HRC/31/57, paras. 66-67). Furthermore, “While collective reparation and
administrative reparation programmes may be acceptable as a form of redress, such
programmes may not render ineffective the individual right to a remedy and to obtain
redress” (CAT/C/GC/3 para. 20).
316. The Special Rapporteur urges the Government of the Republic of Korea to take all
steps necessary to “ensure that victims of torture or ill-treatment obtain full and
effective redress and reparation and compensation and the means for as full
rehabilitation as possible,” (CAT/C/GC 3, para. 5) and to prevent the repetition of such
practices.
Kuwait
JUA 03/12/2015 Case No. KWT 6/2015 State Reply: 17/12/2015 and 21/01/2016
Allegations concerning the torture, ill-treatment, and arrest of eight Shia Muslim
individuals.
317. The Special Rapporteur takes note of the information provided by the Government
regarding the steps taken to criminalize torture and other ill-treatment in national
legislation, and about efforts made to raise awareness among law enforcement officers
and prison staff regarding the prohibition of torture and ill-treatment. The Special
Rapporteur additionally takes note of the information that a forensic medical doctor
examined Mr. Hasan Ahmed Abdulla al-Attar. The Special Rapporteur regrets that no
information is provided as to the findings of the forensic medical examination.
318. The Special Rapporteur notes with particular concern the information provided by
the Government that in the cases of the other seven named individuals, no examination
by a medical doctor took place, on account of the fact that they were each examined by
the “public prosecutor [who] found no evidence that they had sustained injuries that
would call for forensic examination in order to determine whether an offense had been
committed.”
319. The Special Rapporteur recalls the importance of conducting forensic medical
examinations into all allegations of torture, in accordance with the Istanbul Protocol,
and calls upon the Government of Kuwait to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
60
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