THEMATIC REPORT 2017 REDRESS AND REPARATIONS torture case involving a client treated by Balay resulted in the arrest of an Army Captain and the dismissal from service of two soldiers who are now awaiting trial. However, two other senior military officers who were implicated in this torture case were not prosecuted despite the fact that they had equal criminal accountability under the principle of command responsibility as provided by the Anti-torture Law. Another case implicated an Army lieutenant and his team members. A court issued a warrant for their arrest, but the military denied that the alleged perpetrators were on their list of members. The low perpetrator conviction rate exists despite the high number of cases of torture or ill-treatment reported by the Commission of Human Rights. For example 75 cases were recorded in 2013 and in 60 of these cases police officers were implicated as the perpetrators.35 However, in many of these cases the police officers are transferred to work elsewhere in the police force pending an investigation into the case. Figure 7.1 Outcome of complaints about Torture: The Philippines In Uganda, the Ugandan Human Rights Commission received and registered a total of 286 complaints on torture and conducted tribunal hearings on the same between January and October 2016. However, the tribunal is unable to convict perpetrators, but can award compensation to the victims. 1 Criminal conviction 1 11 Pending 0 2 4 6 8 10 12 Figure 7.2 Outcome of complaints about Torture: Mexico In Mexico, there have been no perpetrators convicted in cases related to the torture victims supported by CCTI. However, there have been some cases in the national courts in recent years that have acknowledged that torture happened in order to extract a confession. Although there have been no criminal convictions yet, the court has ordered further investigation of the cases and the prosecution of the perpetrators.36 The UN Special Rapporteur on Torture also reported a low number of complaints made in comparison to acts of torture or ill-treatment in his follow up report on Mexico. Only seven out of every 100 criminal acts are reported and of those investigated only around 4 percent result in a conviction.37 No criminal convictions of perpetrators are reported from torture victims treated by the two IRCT member centres in Kenya. Compensation 1 Compensation 29 Pending 6 Other 3 Other form of reparation 1 1 No criminal conviction Not known 0 2 4 6 8 10 12 Figure 7.3 Outcome of complaints about Torture: Kenya 1 7 2 Administrative sanctions Compensation No criminal conviction There is a lack of investment and support for mechanisms established by law 196 Pending 3 Rehabilitation awarded The data demonstrates that very few torture victims file a complaint about torture and those that do complain have 205 Not known 0 page 35 50 100 150 200 250

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