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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