THEMATIC REPORT 2017
REDRESS AND REPARATIONS
about torture. According to Mateso, this is due to a number of reasons including
a fear of reprisals or intimidation and a lack of trust in the efficiency of the legal
system and its ability to protect them.
In Uganda, most of ACTV’s clients choose not to file complaints about torture
due to a lack of trust in the criminal justice system and a fear of reprisals by the
perpetrators. It is hoped that the plan to introduce witness protection legislation
(the Witness Protection Bill is currently in the final legislative stages in Parliament)
would offer victims who decide to file a complaint about torture the much-needed
protection against intimidation or reprisals and perhaps would encourage more
torture victims to make complaints in the future.
Victims use alternative avenues
to seek redress
Even where anti-torture legislation is in place, other avenues are often used by
torture victims to seek redress which prove to be more cost or time-efficient.
In Kenya, anti-torture legislation has only recently been enacted (in April 2017). To
date, torture victims have used the Criminal Procedure Code to file a complaint to
the police (referred to as a P3 Complaint) and seek some form of remedy including
compensation or rehabilitation. The use of the Criminal Procedure Code provides
the victim with an opportunity to resolve the complaint through mediation or
an alternative dispute resolution process. However, the Criminal Procedure
Code only covers criminal offences such as GBH and assault and does not cover
torture. Therefore, the compensation awarded is commensurate with these lesser
offences and not to acts of torture. In addition, although the victim may get paid
compensation, the allegation of torture is not effectively investigated and the
Military towers of the Crveni Krst concentration camp, Serbia.
© Radiokafka / Shutterstock.com
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