A/HRC/13/39/Add.5
civil proceedings. More generally, torture victims are particularly likely to face a lack of
political will on the part of the authorities to investigate and acknowledge abuse inflicted by
public officials linked to those authorities mandated to investigate and prosecute these
allegations. I have therefore continuously urged States to establish complaint and
investigation mechanisms that are institutionally and politically independent from those
public authorities they are supposed to control.
177. On the substantive level, the amount of compensation awarded to victims in most
cases does not reach more than a symbolic sum and by no means covers the actual costs of
medical treatment and rehabilitation, which survivors of torture and ill-treatment have to
fund by themselves or with the support of family, friends and civil society organisations.
The majority of torture survivors, however, do not have access to the necessary medical,
psychological and social rehabilitation measures at all, either because such services are too
costly or altogether non-existent. In fact, in most countries I have visited so far,
rehabilitation centres for torture victims were not set up by the State, but depended on
private, mostly foreign funding and only had limited reach. In Moldova for example, the
Medical Rehabilitation Centre for Torture Victims “Memoria”, which provided excellent
services, was totally dependent on foreign funding and was therefore unable to cover the
entire country. The same holds true for the excellent rehabilitation centre for torture victims
in Zimbabwe which I visited in 2008. Existing rehabilitation services not only suffer from a
lack of financial resources for the establishment of adequate facilities and adequate training
of health personnel, but, to my utmost concern, have also sometimes received threats from
the perpetrators of torture. I therefore strongly urge all States to provide support and
protection to rehabilitation centres and other service facilities that provide relief and
rehabilitation to victims of torture and their relatives. In addition, I would like to once again
encourage States and civil society organisations to cooperate in stepping up efforts to
provide assistance to torture survivors.
178. At the international level, the UN Voluntary Fund for Victims of Torture is a highly
important step by the international community to demonstrate acknowledgment of the
suffering of torture survivors around the world. However, much more financial
commitment is needed to reach out to victims and their relatives, particularly in postconflict countries, where the majority of the population is traumatised by years and decades
of brutal conflict and abuse. As I have suggested in a previous report to the Human Rights
Council, consideration should be given as to how to hold those States, where torture is
systematic or widespread, accountable to their obligations arising under article 14, for
example by requiring them to contribute substantively to the UN Voluntary Fund.
3.
The provision of extra-territorial reparation
179. In principle, the right of victims to adequate reparation needs to be interpreted as a
remedy in relation to the perpetrator or the State responsible for the acts of torture.
However, in most cases of serious and systematic torture, an effective remedy against the
torturing State is not available in that State. If they have the opportunity, many victims flee
the place of their torment and seek protection and asylum in other countries. Traumatised
by the pain and suffering inflicted upon them, they are often in urgent need of medical and
psychological care as well as professional rehabilitation services in the host country, which
they are however in most cases not able to afford without monetary compensation,
assistance from the host State or private donations. The question therefore arises whether
the right to a remedy and reparation also applies under the jurisdiction of the State of
residence, if this State was not involved in the act of torture. In other words, what is the
extra-territorial scope of the right to a remedy and reparation of victims of torture and
CIDT?
47
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