THEMATIC REPORT 2017 REDRESS AND REPARATIONS (General Law on Victims)17 came into effect in 2013 and aims to guarantee the rights of victims of crime and human rights abuses in the ongoing violence resulting from the struggle against organised crime in Mexico. The law guarantees amongst other things: the right to a prompt and effective investigation of a crime and prosecution of the alleged perpetrators, reparation for the harm caused, protection and confidentiality, access to justice and legal assistance, access to specialised treatment to ensure the physical and psychological rehabilitation needed to ensure reintegration into society. The law also establishes a national registry of victims and mechanisms to set aside funds to compensate them, funded in part by the assets seized from organised crime groups. However, in his recent report, the UN Special Rapporteur on Torture criticises various problems in the implementation of the General Victims’ Law including the re-victimisation of victims who seek the help of the authorities and the failure to allocate the necessary budget to effectively implement the reparation measures.18 In 2016, parts of the Ley General de Víctimas were reformed to make the delivery of support to victims of crime and human rights abuses more efficient by strengthening the capacity of the institutions tasked with its implementation. The reforms aim to optimise the access to assistance for victims, enable victims to access independent expert reports to document their allegations, and provide for the active participation of civil society organisations, victim groups and academics in implementing the reforms.19 Kenya has a number of different pieces of legislation that outlaw torture or provide access to redress or reparations for torture victims. The Constitution prohibits torture in Article 25 and also provides for the right to a fair hearing and for alternative forms of dispute resolution including mediation, arbitration and reconciliation to be promoted.20 The Victims Protection Act was enacted in 2014, establishing a legislative framework to support victims of crime including victims of torture. The Act provides for better information, support services, compensation and reparation and to prevent re-victimisation during the court process.21 It also guarantees victims of crime the right to protection and security, including urgent medical treatment and immediate psychosocial support, and guarantees that their case will be investigated and prosecuted in a timely manner.22 Compensation awards made by a court can include damages for personal injury and to cover costs of medical or psychological treatment. In addition, the act established a Victim Protection Trust Fund to support the expenses arising out of providing assistance to victims of crime.23 The National Police Service Act provides for the investigation, prosecution and conviction of police officers who commit acts of torture or ill-treatment with maximum sentences of imprisonment of up to 25 years for torture or up to 15 years for other ill-treatment.24 Kenya recently enacted the long-awaited Prevention of Torture Act 2017 to give effect to Articles 25(a) and 29(d) of the Constitution and the UN Convention against Torture.25 The new law makes all state agencies and officials accountable for acts of torture or ill-treatment, not just the National Police Service, the National Intelligence Service and the Kenya Defence Forces, who are covered by previous legislation. It defines and criminalises torture and establishes a legal and institutional framework for supporting victims of torture. Where complaints of torture are investigated, the court will be expected to order an investigation page 28 In Kenya, the National Police Service Act provides for the investigation, prosecution and conviction of police officers who commit acts of torture or ill-treatment with maximum sentences of imprisonment of up to 25 years for torture or up to 15 years for other ill-treatment.

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