THEMATIC REPORT 2017
TORTURE AND MIGRATION
Redress
Redress is a crucial component in the rehabilitation process.
The torture rehabilitation centres participating in this
report have noted that many of their clients see justice as
an important part of their process of rebuilding a life after
torture. Beyond the importance to the healing process,
bringing perpetrators to justice has an important deterrent
effect in the societies where the torture took place.
States have an obligation to provide redress to victims of
torture – including restitution, compensation, rehabilitation,
guarantees of non-repetition, and satisfaction – and also a
procedural guarantee to ensure that the victim of torture has
access to an effective remedy. This includes ensuring that
there is a legislative framework and mechanisms that can
investigate the allegations of torture in a prompt, fair and
effective manner, and ultimately, prosecute and adequately
punish perpetrators of torture. The UN Committee against
Torture has clarified that this right continues to apply when
victims leave the perpetrator countries to seek refuge. In its
General Comment on the implementation of Article 14 of the
Convention against Torture, the Committee specifies that the
“application of article 14 is not limited to victims who were
harmed in the territory of the State party or by or against
nationals of the State party” and that States are required to
“ensure that all victims of torture and ill-treatment are able
to access remedy and obtain redress”3 regardless of their
status in that country, including “asylum-seekers, refugees
or others under international protection.”4
It is clear from the data, however, that redress is a distant
hope for the majority of the clients in this data set: only 3
percent of the clients in this sample group filed a complaint
against torture, while 37 percent have not. Data was not
available for 60 percent of the clients, due to non-disclosure.
Of the 3 percent that did file complaints against torture,
rehabilitation was awarded in one case, while in another
case the client acted as a witness in a regional court, and
in a third case the client gave testimony to an international
criminal tribunal. The rest are pending.
Photo
by Remi Walle on Unsplash
page 40
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