THEMATIC REPORT 2017 REDRESS AND REPARATIONS Notes and references The Reuters Graphic: the Battle for Marawi in the Philippines, 3 June 2017. Available at: https://www.usnews.com/news/world/articles/2017-06-03/ the-reuters-graphic-the-battle-for-marawi-in-the-philippines 22 Ibid, Articles 10, 11 and 22 23 Ibid, Articles 23 and 27-28 These cases are referred to as the “Wheel of Torture” cases, in reference to the roulette wheel found. See Amnesty International, “Above the Law: Police torture in the Philippines”, December 2014, p.25. Available at: https://www.amnestyusa.org/ reports/above-the-law-police-torture-in-the-philippines/ 24 1 2 The Guardian, “Revealed: how raid by Kenyan police drove street children to their deaths”, published 10 October 2016. Available at: https://www.theguardian. com/world/2016/oct/10/exposed-kenyan-polices-brutal-attacks-on-street-children National Police Service Act, No. 11A of 2011 [Rev. 2015], Article 95. Available from: www.kenyalaw.org The Republic of Kenya, The Prevention of Torture Act 2017, enacted 13 April 2017 25 3 Ibid, Section 13(8) 26 27 Most of these particular incidents occurred in the area of Bagong Silang, an area within Metro Manila where people were forcibly resettled at the end of the Marcos regime. Policing in Balong Silang is mainly carried out by local government structures – known as the Barangay Justice System - originally established to unclog the formal court system as well as to introduce a culturally adapted system of conflict mediation. Tanods are community-based volunteers that enforce local laws and coordinate with police in relation to crime control. Ibid, Sections 17 and 19 4 28 29 Prevention And Prohibition of Torture Act 2012, published in The Uganda Gazette No. 52 Volume CV, 18 September 2012 It should be noted that data in ACTV’s previous database clearly indicated police to be the main perpetrators. However, due to technical issues, the information has not yet been included in the DFI database 31 Report of the UN Special Rapporteur on Torture on his mission to Mexico, 29 December 2014, A/HRC/28/68/Add.3, §24; Report of the UN Special Rapporteur on Torture – Mexico, 17 February 2017, A/HRC/34/54/Add.4, §34 Republic of the Philippines, Anti-Torture Act of 2009 (Republic Act No. 9745) of 27 July 2009, Section 13. Available at: http://www.lawphil.net/statutes/repacts/ ra2009/ra_9745_2009.html 32 See: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Istanbul Protocol”). United Nations; 2004. HR/P/PT/ 8/Rev.1 6 Ibid, Sections 7 and 8 Ibid, Sections 9 and 11 Ibid, Section 12 8 Ibid, Sections 8 and 9 30 5 7 Ibid, Sections 5 and 7 Report of the UN Special Rapporteur on Torture on his mission to Mexico, 29 December 2014, A/HRC/28/68/Add.3, §45. 33 34 9 National Police Service Act 2011, Article 40(7) Joint Civil Society Report on Torture and Other Inhuman and Degrading Treatment or Punishment in the Philippines, submitted to the UN Committee against Torture by the United against Torture Coalition (UATC), 28 March 2016, p.30 35 10 11 Ibid, Section 18 Ibid, Section 19 See “Documenting torture in Mexico: the case of Yecenia Armenta Graciano” Available at: http://irct.org/advocacy/istanbul-protocol. The Mexican Supreme Court also ruled that torture had been used to extract a confession in the case of Alfonso Martín del Campo in which the IRCT submitted an Amicus Brief in 2015 36 The Criminal Code of the Republic of Serbia, Official Gazette of the Republic of Serbia, nos. 85/2005, 88/2005 - corr., 107/2005 - corr., 72/2009, 111/2009, 121/2012, 104/2013 and 108/2014, Articles 136 and 137 12 13 UN Committee against Torture, Concluding observations on the second periodic report of Serbia, 3 June 2015, CAT/C/SRB/CO/2 §8 37 The Law of Obligations of the Republic of Serbia (‘Zakon O Obligacionim Odnosima’). Available in Serbian at: http://www.paragraf.rs/propisi/zakon_o_ obligacionim_odnosima.html 38 These include: the Department of Justice, the Public Attorney’s Office, the Philippine National Police, the National Bureau of Investigation and the Armed Forces of the Philippines 14 15 Report of the UN Special Rapporteur on Torture – Mexico, 17 February 2017, A/ HRC/34/54/Add.4, §34 Political Constitution of Mexico 1917, Articles 19, 20 and 22 39 Anti-Torture Act 2009 (RA 9745), Sections 18 and 19 16 Report of the UN Special Rapporteur on Torture on his mission to Mexico, 29 December 2014, A/HRC/28/68/Add.3, §13-14 40 Awards are granted pursuant to Section 137A to 137O of the Criminal Procedure Code - Plea Agreements Ley General de Víctimas, Nueva Ley publicada en el Diario Oficial de la Federación de México, 9 January 2013 41 17 Anti-Torture Act 2009 (RA 9745), Section 19. The law was enacted in 2009 IRCT has three member centres in Kenya: the Centre Against Torture (CAT-Kenya), the Independent Medico-Legal Unit (IMLU) and Mwatikho Torture Survivors Organisation (MATESO) 42 Report of the UN Special Rapporteur on Torture – Mexico, 17 February 2017, A/ HRC/34/54/Add.4, §54 18 19 Ibid, p.7 See explanation in the previous section entitled “The legal avenues open to torture victims” 43 Constitution of Kenya (2010), Articles 25, 50 and 159(2). Available at: www. kenyalaw.org 20 UN Committee against Torture, General Comment no. 3 (2012): Implementation of article 14, CAT/C/GC/3, §§ 45-46 44 The Victim Protection Act 2014, published in the Kenya Gazette Supplement, No. 143, 19 September 2014, Article 3. Available at: www.kenyalaw.org 21 page 46