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
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