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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents