resources impacts directly on the ability of many of them to offer adequate and
appropriate psychosocial support to all clients involved in legal proceedings.
The challenges that most rehabilitation centres encounter when providing
psychosocial support are in many cases accentuated by a lack or scarcity of alternative
assistance offered by courts and other state authorities. This underlines the urgent
need for external actors to offer more funding and technical assistance, in particular
state authorities with responsibility for financing courts and tribunals. Without this
financial support, it seems unlikely that appropriate psychosocial support can be made
available as a matter of course to all torture victims who want to exercise their right
to redress by participating in the judicial process. State Parties to the UN Convention
against Torture have an obligation to provide redress and access to fair and adequate
compensation, including the means for as full rehabilitation as possible, yet many
states still need to fully recognise and assume this responsibility.14
In the meantime, many hundreds of torture victims either participate in legal
processes without the appropriate psychosocial support, or are unable even to access
justice. For those victims that do pursue justice, re-traumatisation and a lack of care
and support will disadvantage many. A lack of adequate support services available
to victims dissuades many from participating in legal proceedings, resulting in more
perpetrators evading justice, negatively impacting on the fight against impunity.
Any genuine changes to the current situation will only be effective if
institutionalised at a higher level. It is therefore essential that state authorities
responsible for providing access to justice through court procedures and other
complaints mechanisms acknowledge the importance of the torture victim’s wellbeing throughout the judicial process and act upon this by implementing measures and
providing the funding necessary to improve the overall experience of torture victims
pursuing justice.
The IRCT recommends that the following non-exhaustive
measures and practices are implemented:
To state authorities
Provide all torture victims with an opportunity to obtain redress:
• Enact
national legislation to allow torture victims an effective remedy and the
right to obtain adequate and appropriate redress – including compensation and
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