THEMATIC REPORT 2017 REDRESS AND REPARATIONS Low rates of compensation and non-payment of compensation awards In the Philippines, compensation has only been awarded by the court in relation to one complaint filed by a client of one of the IRCT member centres. There have been no cases recorded where rehabilitation is awarded by the court. This is despite the existence of the anti-torture legislation which provides for victims of torture to access reparations for acts of torture, including compensation and rehabilitation.39 As an alternative avenue, the Commission for Human Rights (CHR) is supposed to give financial assistance to torture victims amounting to up to 10,000 Pesos but many torture victims are not aware of this and so do not report their cases to the CHR. Balay has assisted nine of its clients to access the financial assistance provided by the CHR. Some of these clients also have an ongoing case in court where they have claimed compensation but a final decision has not yet been reached. In Mexico, there are two ways to receive compensation, firstly through the judicial process and secondly on the recommendation of the Comisión Nacional de Derechos Humanos (CNDH). The Comisión Ejecutiva de Atención a Víctimas (CEAV) is mandated to oversee the reparations process for victims of crime and human rights violations. There is no set minimum or maximum level of compensation, the amount awarded is calculated according to the individual case. However, generally the amount of compensation awarded is low and paying the money out to victims is often delayed. It is hoped that the latest reforms to the Ley General de Víctimas will strengthen the areas of the CEAV which are mandated to provide direct attention to victims of torture. In Kenya, CAT-Kenya reports that the court or tribunal has awarded compensation to seven of CAT-Kenya’s clients and rehabilitation to three of its clients, out of a total of 122 clients who have filed a complaint about torture. The awards are granted under the Criminal Procedure Code40 which has been used as an alternative avenue for torture victims to access reparations. However, the compensation awarded only covers criminal offences such as GBH or assault as torture is not covered by the Criminal Procedure Code. The rehabilitation awards granted by the court order the victim to be granted access to rehabilitation services provided by government hospitals and not to the more specialised rehabilitation services offered by IRCT member centres. In Uganda, ACTV confirms that the Uganda Human Rights page 38 In the Philippines, compensation has only been awarded by the court in relation to one complaint filed by a client of one of the IRCT member centres. There have been no cases recorded where rehabilitation is awarded by the court.

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