rehabilitation.15 Access to reparation for torture victims must be established
independent to criminal proceedings so that compensation is not unduly delayed
until criminal liability has been established.16
• Provide adequate legal aid to those torture victims lacking the necessary resources
to seek judicial remedy.17
• Ensure that national law and justice systems provide for – and allocate funds to –
victims of torture or trauma so that they benefit from adequate care and protection
to avoid re-traumatisation in the course of legal or administrative procedures.18
• Ensure that court decisions on reparation for torture victims are implemented
promptly and completely so as not to obstruct the victim’s right to redress.19
Recognise the obligation to allow torture victims access to
rehabilitation:
• Provide
access to medical and psychosocial services for victims in the direct
aftermath of torture.20
• Ensure the provision for as full rehabilitation as possible for all torture victims,
without discrimination and irrespective of whether they pursue a judicial remedy.
This rehabilitation must be holistic, including medical, psychological, legal and social
support.21
• Increase the capacity and financing for rehabilitation services, including psychosocial
support, in recognition of states’ obligations under Article 14 UN CAT.
Court authorities must recognise the importance of torture
victims in a trial and take into account their need for support and
protection:
• Facilitate and encourage non-legal professionals to be present at court to assist
torture victims psychologically.
• Enable the torture victim to express his/her evidence in his/her own words, thereby
enhancing the victim’s experience at court and acknowledging the essential role the
victim plays in providing evidence.
• Train judicial personnel on the impact of torture and ill-treatment, including on a
victim’s ability to give evidence and on how to exercise sensitivity towards torture
victims.22
• Establish an effective protection unit for torture victims, their families and witnesses
in order to ensure better protection against intimidation and reprisals at all times
during the court proceedings.23
• Develop an effective witness preparation and follow-up unit within the court.
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