THEMATIC REPORT 2017 REDRESS AND REPARATIONS CONCLUDING REMARKS The data collected by the IRCT member centres in this report illustrates some of the developments in relation to the ability of torture victims to access redress and reparations and the willingness of states to invest in implementing their legal obligations to provide redress and reparations. What is apparent from the data is that the existence of antitorture legislation or alternative legal avenues to redress does not necessarily mean that mechanisms exist or can be accessed effectively by torture victims who are seeking redress and reparations. Looking ahead there are a number of areas that need strengthening. Firstly, the focus should remain on ensuring that the legal and policy frameworks laid out in existing anti-torture legislation are fully implemented. The collection of data by the IRCT member centres helps to illustrate where some of the implementation gaps lie. For example, the fact that very few torture victims make a complaint about torture compared to the numbers of incidents of torture recorded suggests that either it is difficult for victims to make complaints or victims are disillusioned by the legal process so prefer instead to focus on receiving rehabilitation. In addition, the lack of convictions of perpetrators shows that there is a failure to hold those carrying out acts of torture accountable for the damage caused. Secondly, criminal justice processes in all five countries in this report need to be strengthened. Investigation and documentation procedures must meet the standards in the Istanbul Protocol. In addition, it is essential that the investigatory and judicial bodies are properly informed and trained to understand the clear obligations to promptly, effectively and impartially investigate and document torture and to consider medico-legal reports provided by independent experts as a vital part of that process. In addition, further investment is needed to avoid lengthy delays in the complaints or legal procedures and to develop proper protection mechanisms for victims which ensure their safety during the investigatory and legal procedures. Thirdly, there is evidently a failure to invest sufficiently in reparation mechanisms, and this is essential if these avenues are going to be accessible to torture victims. The data shows that torture victims prioritise seeking reparations, especially compensation or rehabilitation, over filing a complaint or seeking justice for the harm caused. However, the report shows that all too often torture victims who are awarded compensation in fact never receive the money. This is often down to the failure of the state to allocate the necessary funds to be paid out to the victims. In addition, the countries in this report are a long way from establishing There is evidently a failure to invest sufficiently in reparation mechanisms, and this is essential if these avenues are going to be accessible to torture victims. page 44