THEMATIC REPORT 2017
REDRESS AND REPARATIONS
(General Law on Victims)17 came into effect in 2013 and aims to guarantee the
rights of victims of crime and human rights abuses in the ongoing violence
resulting from the struggle against organised crime in Mexico. The law guarantees
amongst other things: the right to a prompt and effective investigation of a crime
and prosecution of the alleged perpetrators, reparation for the harm caused,
protection and confidentiality, access to justice and legal assistance, access to
specialised treatment to ensure the physical and psychological rehabilitation
needed to ensure reintegration into society. The law also establishes a national
registry of victims and mechanisms to set aside funds to compensate them,
funded in part by the assets seized from organised crime groups. However, in his
recent report, the UN Special Rapporteur on Torture criticises various problems
in the implementation of the General Victims’ Law including the re-victimisation
of victims who seek the help of the authorities and the failure to allocate the
necessary budget to effectively implement the reparation measures.18 In 2016,
parts of the Ley General de Víctimas were reformed to make the delivery of support
to victims of crime and human rights abuses more efficient by strengthening
the capacity of the institutions tasked with its implementation. The reforms
aim to optimise the access to assistance for victims, enable victims to access
independent expert reports to document their allegations, and provide for the
active participation of civil society organisations, victim groups and academics in
implementing the reforms.19
Kenya has a number of different pieces of legislation that outlaw torture or
provide access to redress or reparations for torture victims. The Constitution
prohibits torture in Article 25 and also provides for the right to a fair hearing and
for alternative forms of dispute resolution including mediation, arbitration and
reconciliation to be promoted.20 The Victims Protection Act was enacted in 2014,
establishing a legislative framework to support victims of crime including victims
of torture. The Act provides for better information, support services, compensation and reparation and to prevent re-victimisation during the court process.21
It also guarantees victims of crime the right to protection and security, including
urgent medical treatment and immediate psychosocial support, and guarantees
that their case will be investigated and prosecuted in a timely manner.22
Compensation awards made by a court can include damages for personal injury
and to cover costs of medical or psychological treatment. In addition, the act
established a Victim Protection Trust Fund to support the expenses arising out
of providing assistance to victims of crime.23 The National Police Service Act
provides for the investigation, prosecution and conviction of police officers who
commit acts of torture or ill-treatment with maximum sentences of imprisonment
of up to 25 years for torture or up to 15 years for other ill-treatment.24
Kenya recently enacted the long-awaited Prevention of Torture Act 2017 to give
effect to Articles 25(a) and 29(d) of the Constitution and the UN Convention
against Torture.25 The new law makes all state agencies and officials accountable
for acts of torture or ill-treatment, not just the National Police Service, the
National Intelligence Service and the Kenya Defence Forces, who are covered by
previous legislation. It defines and criminalises torture and establishes a legal
and institutional framework for supporting victims of torture. Where complaints
of torture are investigated, the court will be expected to order an investigation
page 28
In Kenya, the
National Police
Service Act provides
for the investigation,
prosecution and
conviction of police
officers who commit
acts of torture or
ill-treatment with
maximum sentences
of imprisonment
of up to 25 years
for torture or up to
15 years for other
ill-treatment.
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