Factors that dissuade torture victims from seeking justice
Many of the torture victims featured in this report highlight a number of factors that
initially dissuaded them from participating in legal proceedings, the most common
being fear of reprisals. This includes direct threats or intimidation against the victim
and their family or the risk that counter allegations or charges will be brought if
the victim files a complaint. Other common dissuasive factors, as identified by the
rehabilitation centres, are:
• Fear of reprisals including fear for safety;
• No belief in the justice system;
• Fear of being re-traumatised through legal proceedings;
• Lack of knowledge or awareness of legal rights and court processes;
• Length of trial or legal process;
• Fear of stigmatisation from community or family members; and
• Financial costs of legal proceedings.
Fourteen years in the pursuit of justice:
The story of José from Venezuela.
On 1 March 2000, José was forcibly arrested in his home in Maracaibo by armed
police. The police beat José, electrocuted him and threatened to kill him unless
he revealed the location of a health professional who was missing at the time.
Following this incident, it took years of support to overcome the slow legal
proceedings and attempt to find justice.
José knew of the missing health worker, thanks to extensive media coverage at
the time. However, he had nothing to do with her disappearance. Despite this, the
police drove José to an unknown destination and detained him for 11 days.
The torture he suffered during his detention left José with severe psychological and
physical injuries, most notably difficulties in socialising with family and friends and
the inability to move his arms without some form of pain for two years.
The scars from torture prevented José seeking justice initially. Following the
incident, José claims he experienced further victimisation by state agencies, the
justice system as well as the prosecution courts.
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