In accordance with article 13 of the Convention, the State party should adopt effective measures to
ensure that those who report acts of torture or ill-treatment are protected from intimidation and possible
reprisals for making such reports. The State party should investigate all reports of intimidation of
witnesses and should set up an appropriate mechanism to protect witnesses and victims.
Reparations
(21)
The Committee recognizes the advances made in respect of protecting the right to reparation for victims of
torture or cruel, inhuman and degrading treatment, including all those resulting from the work of the Truth and
Reconciliation Commission, whose reports are gradually being dealt with by the courts. Despite the significant progress
made in the area of reparations, however, the Committee regrets that the recommendations of the Truth and
Reconciliation Commission have not been properly implemented, notably in respect of vulnerable groups.
The State party should implement the recommendations of the Truth and Reconciliation Commission in
order to halt the consequences of violence and break with the impunity of the past. With respect to
reparations, the State party should pay due attention to gender aspects and to the most vulnerable
groups, especially indigenous peoples, who have borne the brunt of the violations.
(22)
The Committee emphasizes the obligation to provide compensation to victims in all convictions for acts of
torture handed down by domestic courts. The Committee is concerned at the fact that reparation awards are frequently
derisory. It is also concerned at the State party’s delay in complying with reparation awards made in a number of
judgements of the Inter-American Court of Human Rights and in decisions of the United Nations Human Rights
Committee concerning offences of torture and other cruel, inhuman and degrading treatment.
The State party should ensure that, in all cases where it has been found liable for acts of torture and
other cruel, inhuman and degrading treatment, it fulfils its obligation to provide adequate compensation
to the victims.
Cruel, inhuman or degrading treatment
(23)
The Committee is concerned at reports of women undergoing involuntary sterilization. It has also been
informed that medical personnel employed by the State denies the medical treatment required to ensure that pregnant
women do not resort to illegal abortions that put their lives at risk. Current legislation severely restricts access to
voluntary abortion, even in cases of rape, leading to grave consequences, including the unnecessary deaths of women.
According to reports received, the State party has failed to take steps to prevent acts that put women’s physical and
mental health at grave risk and that constitute cruel and inhuman treatment.
The State party should take whatever legal and other measures are necessary to effectively prevent acts
that put women’s health at grave risk, by providing the required medical treatment, by strengthening
family planning programmes and by offering better access to information and reproductive health
services, including for adolescents.
(24)
The Committee requests the State party in its next periodic report to provide information in accordance with the
guidelines on the presentation of periodic reports, including data on complaints of torture or cruel, inhuman or degrading
treatment submitted to any authority, in order to avoid conflicting information and to facilitate the work of the
Committee, enabling it to gain a clearer view of the situation regarding protection against torture.
Such information should include:
(a)
Convention;
The sex and the ethnic and geographical origin of victims of acts covered by the
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