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