THEMATIC REPORT 2017 REDRESS AND REPARATIONS chose not to. It should, however, be noted that no data is recorded for the remaining 29 percent of CCTI’s clients for this category. According to CCTI’s data, the most common reason that torture victims do not file a complaint about torture or ill-treatment is a lack of trust in what is perceived to be a corrupt and non-functioning legal system. The second most common reason is the fear that they will be subjected to reprisals or intimidation. These findings mirror the conclusions of the UN Special Rapporteur on Torture following his visit to Mexico in 2014.31 In Uganda, there is a very low number of complaints made about torture, despite the high number of torture victims treated by ACTV. According to ACTV, most of the torture victims that they support are only interested in seeking medical treatment and rehabilitation. This is in part because of a lack of trust in the criminal justice system coupled with a fear of reprisals from the perpetrators. According to ACTV, clients are in any event more focused on accessing rehabilitation services than making a complaint about torture and seeking redress or reparations through a court process. In Kenya, in contrast to the other countries, a significant proportion of the total clients in both rehabilitation centres have made a complaint about torture (100 percent of CAT-Kenya’s clients and 96 percent of Mateso’s clients). However, this complaints procedure only covers offences that fall under the Criminal Procedure Code, such as grievous bodily harm (GBH) or assault. Therefore, although the victims allege torture or ill-treatment the remedy they can access only relates to other criminal offences under the Criminal Procedure Code. However, once the Prevention of Torture Act (PTA) 2017 is implemented, it will supersede other legislation as the main avenue for addressing torture complaints. Documentation and investigation of torture is ineffective and lacks independence In Mexico, 20 clients treated by CCTI have submitted evidence in support of their allegations of torture and ill-treatment in the form of a medico-legal report.· However, there is a shortage of independent medical professionals in Mexico who are able to document torture using medicolegal reports that meet the required standards in the Istanbul Protocol. Most medical examinations offered to torture victims are carried out by medical professionals page 32 ·Note: The goal of medico-legal documentation is to examine an individual and to assess the degree of consistency between his or her allegations of torture and ill-treatment and the physical and psychological evidence that can be found. The examination includes interviewing the individual, recording his or her general information, collecting relevant background information, listening to his or her full account of the torture or ill-treatment, evaluating all physical and psychological symptoms before, during, and after the alleged events, and conducting diagnostic tests whenever necessary. This information is documented and analysed individually and then altogether in order to draw conclusions on the degree of consistency. The work is presented in a single report, known as a ‘medico-legal report’. The Istanbul Protocol is the key international standard for investigating and documenting torture. It is a minimum standard adopted by the United Nations in 1999 and is now promoted by courts, governments, and professional bodies around the world. The Istanbul Protocol sets a benchmark on what medicine, science, health, and legal standards require. A report based on the Istanbul Protocol is of a high standard with findings and conclusions that are impartial and well-founded.32

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