Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
In many instances, a torture victim will not be able to supply all of the above information. For example, the victim might be highly disoriented at the time of the
torture, and may not remember some of the details and circumstances surrounding the facts. Nevertheless, it is advisable to record as many details as possible. It is
worth referring to the findings of the CAT Committee in V.L. v. Switzerland (see also
Section 4.6) for an explanation setting out some of the difficulties and challenges
torture victims may face, which in turn may have detrimental effects in relation
to the accuracy and thoroughness of the information and evidence provided when
pursuing remedies:
The State party has argued that the complainant is not credible because the allegations of sexual abuse and the medical report supporting these allegations were
submitted late in the domestic proceedings. The Committee finds, to the contrary,
that the complainant's allegations are credible. The complainant’s explanation of the
delay in mentioning the rapes to the national authorities is totally reasonable. It is
well-known that the loss of privacy and prospect of humiliation based on revelation
alone of the acts concerned may cause both women and men to withhold the fact that
they have been subject to rape and/or other forms of sexual abuse until it appears
absolutely necessary. Particularly for women, there is the additional fear of shaming
and rejection by their partner or family members. Here the complainant’s allegation
that her husband reacted to the complainant’s admission of rape by humiliating her
and forbidding her to mention it in their asylum proceedings adds credibility to her
claim. The Committee notes that as soon as her husband left her, the complainant
who was then freed from his influence immediately mentioned the rapes to the national authorities in her request for revision of 11 October 2004. Further evidence of
her psychological state or psychological “obstacles”, as called for by the State party, is
unnecessary. The State party’s assertion that the complainant should have raised and
substantiated the issue of sexual abuse earlier in the revision proceedings is insufficient basis upon which to find that her allegations of sexual abuse lack credibility,
particularly in view of the fact that she was not represented in the proceedings.256
In its General Comment No. 1, the CAT Committee outlined, at paragraph 8,
the different types of information that help a person establish a violation
of Article 3 of the CAT, that is that his or her deportation to another State
would expose him or her to torture by that State. Applicants seeking Article 3
non-refoulement protection should therefore look carefully at
256 CAT Committee, V.L. v. Switzerland, Comm. No. 262/2005, para. 8.8.
86
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents