A/HRC/19/61/Add.1
and conclude them without delay, where the evidence warrants it; ensure public
acknowledgment of the plight of the victims, including the facts and acceptance of
responsibility; apply judicial and administrative sanctions against perpetrators;
publicly apologize; ensure that victims and their families are provided with
rehabilitation and reparation;
(c)
Ensure the removal of legal obstacles to reopening past cases of homicide
and torture, and preserve the evidence of torture and abuse subject to adjudication,
and preserve the evidence gathered from the victims of the past regime; ensure
additional guarantees that no evidence of human rights abuses is tampered with or
destroyed and that investigations into all killings follow the methods set out in the
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions;8
(d)
Ensure adequate legal aid for those victims of torture or ill-treatment
who lack the necessary resources to bring complaints and make claims for redress,
and make available to the victims all evidence concerning acts of torture or illtreatment upon request;
(e)
Enact legislation specifically providing a victim of torture with an
effective remedy and the right to obtain redress, including compensation and as full
rehabilitation as possible;
(f)
Reassess the amount of symbolic compensation to reflect varying degrees
of injury, the quantification of material moral damages resulting from the physical
and mental harm caused, and how the evidence will be established in the absence of a
forensic examination or medical certificate; establish concrete mechanisms and
programmes to provide all victims with rehabilitation, including relevant
infrastructures within the Ministry of Health, or through the funding of private
medical, legal and other facilities, including those administered by NGOs specialized
in providing medical, psychological, and social rehabilitation;
(g)
Consider bilateral direct funding for civil society organizations assisting
victims and their family members, as well the establishment of specialized services
within the national health system. The United Nations Voluntary Fund for Victims of
Torture is invited to consider requests for assistance by non-governmental
organizations that work to ensure that persons who have been tortured have access to
medical care and legal redress;
(h)
Restore the public image of the judiciary by immediately instituting
measures against endemic and institutionalized corruption of the judiciary and
ensuring judicial independence; increase the current capacity of the Ministry of
Justice and develop a strategy to deal with the backlog of cases;
(i)
Encourage close cooperation between the judiciary and the fact-finding
commission, and ensure that the population is aware that the Commission has neither
judicial nor prosecutorial roles, and that it is not a redress or reparation body;
publicize the expected release date of the Commission findings;
(j)
Ensure
that
the
fact-finding
commission’s
findings
and
recommendations are published and disseminated widely, and that the confidential
information on suspected perpetrators is transferred to the relevant prosecution
authorities for further investigation and holding them accountable.
8
20
Economic and Social Council resolution 1989/65, annex.
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