THEMATIC REPORT 2017
REDRESS AND REPARATIONS
Costly and lengthy legal processes deter victims
from seeking redress
In the Philippines, the main obstacle to making a complaint
about torture is lack of funds or lack of legal assistance.
The majority of torture victims come from poor families
and are often unemployed. The costly and lengthy legal
process requires financial resources that victims simply do
not have and exposes them to the risk of reprisals from the
perpetrators. In addition, there is a general distrust of the
judicial system amongst torture victims coupled by a poor
state protection programme for torture victims.
Most of the complaints filed by MAG’s clients are pending
(nine cases in total). This suggests that the 60-day rule
under section 9 of the Anti-Torture Act, which stipulates
that torture victims have a right to a prompt and impartial
investigation by the Commission of Human Rights and other
agencies of the government, is not being implemented.38
According to the legislation, a prompt investigation means
that an investigation report or resolution should be reached
within 60 working days from the time a complaint for
torture is filed.
In Mexico, CCTI’s data shows that 29 cases where a torture
victim filed a complaint are pending. According to CCTI
accessing justice in Mexico is a long and bureaucratic
process both when a victim files a complaint about torture
and seeks reparations. For example, five torture victims
who were wrongly accused of crimes were released from
detention in 2014. However, they have still not received
any reparations three years later. See also, the case study:
Medico-legal reports corroborate torture used to extract
information (page 34), which also illustrates the lengthy
legal processes that torture victims must endure.
In Kenya, almost half of all cases where a complaint about
torture was made have been pending for more than two
years (47 percent) and many of them have not even had a
hearing scheduled. Delays in legal proceedings are caused
by a number of factors: backlogs and staff shortages in
the court process, limited numbers of judicial officers,
regular transfers of prosecutors and judges and political
interference. In addition, ongoing investigations of
complaints are hampered by an overly bureaucratic police
force which delays files being sent to the Director of Public
Prosecution for action.
page 37
Philippine President Gloria Macapagal
Arroyo declares martial law.
© 2009 Getty Images.
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