on Article 14 of the Convention.30 The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law also include this important principle with respect to legal and administrative procedures designed to provide justice and reparation. 31 The Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has called for the same in his General Recommendations.32 The particular vulnerability survivors of torture and other ill-treatment who are asylum-seekers, refugees or otherwise seeking or entitled to international protection, which has been the subject of extensive research, underscores the need for the General Comment to call for States parties to apply measures aimed at preventing their re-victimization.33 The General Comment should thus include clear guidance for States parties to ensure that protective measures to avoid re-victimization of survivors of torture or ill-treatment are put in place during judicial and administrative proceedings that could result in involuntary transfer. To this end, we are recommending the insertion of a new, additional paragraph to the General principles section of the draft. Recommended textual addition (Insertion of a new paragraph, paragraph 17bis) States parties must ensure the adoption and application of victim-centred, trauma-informed approaches to ensure that survivors of torture or other ill-treatment are protected against re-traumatization in the course of all judicial and administrative proceedings that could lead to their involuntary transfer. Special sensitivity must be exercised towards any survivors in the course of such proceedings. Special measures should take into account the particular circumstances of the individual, including marginalisation or particular risk due to discrimination, and may include but are not limited to: a nontraumatizing mode of operation and special sensitivity towards survivors of torture in the course of judicial and administrative proceedings, including during asylum interviews; gender-sensitive procedures; preventing the introduction of discriminatory evidence and harassment of survivors and witnesses; specific training for judicial and administrative personnel on the various impacts of torture and other ill-treatment and resulting trauma, including the specific impacts on survivors from marginalized or at-risk groups; and specific training on how to exercise sensitivity towards survivors of torture and other ill-treatment, in order to prevent re-victimization and stigmatization, and resulting re-traumatization. 30 CAT, General Comment No. 3, UN Doc. CAT /C/GC/3, 19 November 2012, paras 33 and 34. “The State should ensure that its domestic laws, to the extent possible, provide that a victim who has suffered violence or trauma should benefit from special consideration and care to avoid his or her re-traumatisation in the course of legal and administrative procedures designed to provide justice and reparation.” UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005, Annex, VI. Treatment of victims, para. 10. 32 “General Recommendations of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” UN Doc. E/CN.4/2003/68, para. l. 33 See for example, European Journal of Psychotherapy, “Impact of asylum interviews on the mental health of traumatized asylum seekers” Vol. 6, 2015; Zoran Ilic, “Psychological Preparation of Torture Victims as Witnesses toward the Prevention of Retraumatization” in International Aid Network, Torture in War: Consequences and Rehabilitation of Victims, 2004. 31 14 AI Index: IOR 40/6040/2017

Select target paragraph3