There had only ever been
three civil claims initiated
against police officers
suspected of torture, of
which two were successful,
although compensation was
reportedly outstanding.
Non-governmental sources: The legal
system does not provide for an enforceable
right to adequate compensation. The lack
of a specific definition of torture makes it
difficult to seek legal redress on behalf of
torture survivors and victims. Further
there is no legislation making torture a
criminal offence as stipulated in Article 4
CAT. Compensation is only recoverable
through court action. Victims usually seek
compensation through civil litigation that
requires court fees and is plagued with
delays. Very few cases have reported
successful outcomes for torture victims and
the compensations have been negligible.
Furthermore, there is no public health
scheme offering rehabilitation for torture
victims.
f) The period of police
detention in capital cases
(14 days) should be
brought into line with
the normal 24-hour
period applicable to
persons suspected of
other crimes;
- Police custody in
relation to less serious
crimes was constitutionally
limited to 24 hours;
Non-governmental sources: Police
detention in capital cases continues to
exceed the 14 day maximum period.
- The Constitution
allowed for police
detention of up to 14 days
in capital cases, such as
treason, administration of
unlawful oaths to commit
capital offences, murder
and robbery with violence;
- A large number of cases
appeared to have been
classified by the police as
being in the category of
"robbery with violence"
solely in order to be legally
in a position to detain the
concerned person for more
A/HRC/13/39/Add.6
100
e) Where there is
credible evidence that a
person has been
subjected to torture or
similar ill-treatment,
adequate compensation
should be paid promptly;
a system should be put in
place to this end;
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