Situation during visit
(See E/CN.4/2006/6/Add.5)
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
Steps taken since December 2007/current
situation
TRC and the Disappearances Commission.
(k) Victims of torture
and ill-treatment
receive substantial
compensation
proportionate to the
gravity of the physical
and mental harm
suffered, and adequate
medical treatment and
rehabilitation
Since the 1996 Torture
Compensation Act (TCA)
entered into force, several
decisions to award compensation
had been taken. However,
compensation was only paid in
one case.
•
•
•
(l) The declaration be
made with respect to
article 22 of the
No action
2007: Compensation has been
awarded in a few cases under the
TCA, but has not always been paid
to victims or their families, and
usually without proper
investigations to establish causes
and responsibilities
Compensation packages depend on
what the Government can afford.
The Government provided Rupees
(Rs.) 1,625,000 (about US$ 21 200)
in financial aid to twelve victims
who were recommended by the
National Human Rights
Commission
2006: Compensation awarded by
the courts is often not paid out or
paid out only after prolonged
delays
The Special Rapporteur has not received
information on the number of indictments
and convictions in relation to the crime of
torture, on suspensions of suspected officials
and other disciplinary actions.
• Non-governmental sources: in the 12year history of the TCA, just over 200
victims of torture or their relatives have
filed compensation cases with the courts.
However, only 52 cases have been
decided in favour of the victims, and in
only seven cases was the money actually
paid to the victim
• As part of the peace process, the
Government announced that reparation
will be provided to victims of the conflict,
including torture victims. Chief District
Officers (CDOs) are currently
registering names of victims or their
relatives. However, the criteria for
determining who is eligible and how the
process will be conducted have not been
clarified, and concerns have been raised
about the need for relief to be fairly and
impartially distributed, and to respect
the principle of non-discrimination
A/HRC/10/44/Add.5
page 72
Recommendation
(E/CN.4/2006/6/Add.5)
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