CAT/C/CHN/CO/5
(c)
Undertake investigations of instances of forced, involuntary or otherwise
coercive or abusive treatments of lesbian, gay, bisexual, transgender and intersex
persons and ensure adequate redress and compensation in such cases.
Redress and rehabilitation
57.
While welcoming the amendment to the Law on State Compensation, which
explicitly includes provisions for the State to grant awards in compensation for
psychological harm suffered, the Committee is concerned that claims for redress against the
State are statute-barred within two years from the day the plaintiff knew or should have
known of the damage. While noting the information by the delegation that there is no
restriction on non-governmental organizations that are willing to provide rehabilitation
services to victims of torture, the Committee regrets the lack of information on whether
there is a formal proactive mechanism in place for providing such services (art. 14).
58.
The Committee, recalling its general comment No. 3 (2013), urges the State
party to:
(a)
Take the necessary legislative and administrative measures to guarantee
that victims of torture and ill-treatment benefit from all forms of redress, including
restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition;
(b)
Refrain from applying statutes of limitation to the claims made by
victims of torture or ill-treatment against the State;
(c)
Fully assess the needs of torture victims and ensure that specialized,
holistic rehabilitation services are available and promptly accessible without
discrimination, through the direct provision of rehabilitative services by the State, or
through the funding of other facilities, including those administered by nongovernmental organizations.
Training
59.
The Committee regrets the lack of information on the proportion of persons trained
on the provisions of the Convention and on the impact such training have had on the
prevention of torture (art. 10).
60.
The State party should ensure that periodic and compulsory training is
provided to all officials involved in the treatment and custody of persons deprived of
their liberty on the provisions of the Convention, non-coercive interrogation
techniques and on the guidelines set out in the Manual on the Effective Investigation
and Documentation of Torture and other Cruel, Inhuman and Degrading Treatment
or Punishment (the Istanbul Protocol). The State party should also develop and apply
a methodology for evaluating the effectiveness of educational and training
programmes relating to the Convention and the Istanbul Protocol.
Follow-up procedure
61.
The Committee requests the State party to provide, by 9 December 2016,
information on follow-up to the Committee’s recommendations on restrictions to the
rights to access a lawyer and to give notification of custody; the reported crackdown
on lawyers and activists; the independence of investigations into torture allegations;
and State secret provisions and lack of data (see paras. 13, 19, 23 and 31 above). In
that context, the State party is invited to inform the Committee about its plans for
implementing, within the coming reporting period, some or all of the remaining
recommendations in the concluding observations.
16