THEMATIC REPORT 2017
REDRESS AND REPARATIONS
the implementation of the programme, there is a risk that its implementation
will become compartmentalised, depending on the individual interest and
commitment shown by the separate government departments and therefore
will not serve the best interests of the torture victims. The two IRCT member
centres consider that the absence of a specific plan for each relevant government
department shows a lack of interest in complying with the law. They are also
concerned that the lack of funding designated to implement a rehabilitation
programme means that the expertise and human resources capacity necessary
to establish specialised rehabilitation services for torture victims is unlikely to be
prioritised.
In Serbia, torture victims have the right to access healthcare as with any
other Serbian citizen but they are not recognised by law as a group needing
specialised health services. There is no specialised centre for comprehensive,
holistic rehabilitation services provided or financed by the government. Access to
public health services is limited meaning torture victims who need a medical or
psychological examination often have to wait months to be seen by a specialist in
a public health institution and often these examinations are not free. The public
health services lack the holistic nature necessary to ensure a torture victim
receives appropriate rehabilitation. In addition, the governmental institutions
responsible for delivering the right to rehabilitation do not have the knowledge or
expertise needed to deliver appropriate rehabilitation services to torture victims.
In Mexico, rehabilitation services provided by the state to torture victims are
not of a sufficient quality and do not adequately guarantee confidentiality or
security for the victims. Services are short-term and lack the specialised and
comprehensive features required by international standards. The services
available tend to lack a psychosocial element and they are not tailored to meet
the victim’s individual needs. State-run services are concentrated in Mexico
City making access difficult for victims located in other regions. The lack of
geographical spread of services also means that there are lengthy waiting times.
Victims in need of psychological support have reported that they experience a
lack of professional understanding or support and this negative environment can
stigmatise the victim and re-traumatise them. There is a high level of bureaucracy
in terms of accessing public services and victims often have to pay for their own
transport to the services.
In Kenya, specialised rehabilitation services for torture victims are only available from the IRCT’s member centres.42 Some government hospitals provide
rehabilitation services to women victims of torture or gender-based violence but
these services are limited. Where a court has awarded rehabilitation under the
Criminal Procedure Code, which relates to criminal charges for GBH or assault
(it does not cover torture), the torture victim is sent to services provided by
the state, not the more specialised rehabilitation services provided by IRCT
member centres.
No protection mechanisms for victims and witnesses
In Kenya, IRCT member Mateso has ten clients who have not filed a complaint
page 40
The two IRCT
member centres
consider that
the absence of a
specific plan for
each relevant
government
department
shows a lack
of interest in
complying
with the law.
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