THEMATIC REPORT 2017 REDRESS AND REPARATIONS In all five countries there are legal avenues open to torture victims to seek redress and reparations, either through specific anti-torture legislation, or by using criminal or civil law procedures. The Philippines enacted its Anti-Torture Act (RA 9745) in 2009, criminalising torture under all circumstances. The Act enables alleged victims to file a complaint of torture without time limitations. Perpetrators can be held criminally liable for acts of torture as either the principal actor, the person with command responsibility or as an accessory.6 The legislation intends to prevent torture by prohibiting secret places of detention and making confessions obtained through torture inadmissible as evidence.7 The Commission on Human Rights (CHR) and the Public Attorney’s Office should provide legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and complaints about torture must be promptly and impartially investigated within 60 days of a complaint being filed.8 The Act also guarantees detainees the right to access a lawyer and an independent medical doctor of their choice.9 Torture victims have the right to claim for compensation amounting up to 10,000 Pesos.10 Various government agencies, including the Department of Social Welfare and Development (DSWD), the Department of Justice (DOJ) and the Department of Health (DOH), are tasked to work with human rights organisations to establish a comprehensive rehabilitation programme for victims and their families which would provide for their physical, mental, social, psychological healing and development. The legislation also provides for a parallel rehabilitation programme to be established for perpetrators.11 In Serbia, the Criminal Code of the Republic of Serbia12 criminalises torture and ill-treatment under the criminal offences of either “extortion of a statement” or “torture and ill-treatment”. The definition of torture under the Criminal Code is however not aligned with all elements of the crime of torture, as defined in article 1 of the UN Convention against Torture.13 The criminal offence “extortion of a statement” is punishable with two to 10 years of imprisonment, whereas torture and ill-treatment is punishable with one to eight years of imprisonment. However, under the Criminal Code there is a statute of limitations of ten years for the criminal offence of torture which prevents most of the victims tortured during the Balkan Wars (1991-1995) from using this avenue to seek redress and reparations. Instead, torture victims who were forcibly mobilised and tortured during the war, can seek compensation by filing a civil law claim for damages for unlawful deprivation of liberty under the Law of Obligations of the Republic of Serbia.14 However, this alternative legal avenue to seeking reparations is also subject to a statute of limitations of either five years from the event or three years from the date of the claimant’s knowledge of the damage and the perpetrator. In Mexico, the Constitution prohibits “torture of any kind” and punishes “any ill-treatment during arrest and confinement”. It also states that incommunicado detention, intimidation or torture is prohibited and punishable by criminal law and that victims have the right to redress and reparation.15 Torture is defined in the Federal Act on the Prevention and Punishment of Torture, article 3 with a penalty of three to 12 years’ imprisonment, plus fines and debarment from public office. However, the definition of torture falls short of the definition of torture in article 1 of the UN Convention against Torture.16 The Ley General de Víctimas page 27 In all five countries there are legal avenues open to torture victims to seek redress and reparations, either through specific antitorture legislation, or by using criminal or civil law procedures.