THEMATIC REPORT 2017
REDRESS AND REPARATIONS
The client data in the previous section gives an overview
of the context in which incidents of torture occur in the
five countries in this report. It also demonstrates that the
practice of torture continues despite the existence of antitorture legislation and alternative legal avenues of redress.
The following section will present some of the key challenges
to seeking redress and reparations identified through the
analysis of the data and interviews with the IRCT member
centres.
Figure 6.1 Number of complaints
about torture filed: The Philippines
136
150
122
120
90
60
The proportion of torture victims who
file a complaint about torture is low
30
13
0
In the Philippines, a very low proportion of torture victims
treated by the two IRCT member centres have filed a
complaint about torture (1 percent of Balay’s clients and
17 percent of MAG’s clients). Most of MAG’s clients who did
not file a complaint about torture were victims of ‘shaming’
and accused of illegal drug use and trade. Although they
were not physically injured, these victims suffered public
humiliation when they were rounded up by the Mayor’s
Anti-Crime Group, made to wear signs stating them to be
drug-users or dealers and paraded through the streets.
These victims suffer from psychological symptoms as a
result of the public shaming which also places them at risk
of becoming victims of extra-judicial killings and causes
them continued public humiliation and stigmatisation. MAG
considers the psychological suffering to amount to torture
or ill-treatment. Many torture cases also go unreported
in the Philippines as torture often occurs in rural places
where information about these cases does not reach the
human rights groups that could offer victims the legal or
rehabilitative assistance they need. Often authorities that
come into contact with torture victims – for example social
workers, public lawyers or prison officials - are not aware
of their obligation to report allegations of torture so these
cases go unreported and victims are not made aware of
their right to seek redress and reparations. In addition,
most victims harbour a distrust of the judicial system and do
not think any benefit would come out of making a complaint.
The fact that many torture victims are also charged with
offences related to alleged criminal activities, rebellion, or
terrorism creates stigma and discourages sympathy from
the public.
Complaint filed
No complaint filed
Not known
Figure 6.2 Number of complaints
about torture filed: Mexico
50
41
49
34
40
30
20
10
0
Complaint filed
No complaint filed
Not known
Figure 6.3 Number of complaints
about torture filed: Kenya
In Mexico, 31 percent of CCTI’s clients have made a
complaint about torture, compared to 40 percent who
500
414
400
300
200
100
10
3
No complaint filed
Not known
0
Complaint filed
page 31
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