Governments must do
more to fulfil their obligations to ensure that torture victims and their
families can obtain redress and rehabilitation for the suffering they have
endured, UN human rights experts have stressed in a joint call.
To mark UN International Day in Support of Victims of Torture on
26 June, the independent experts are highlighting the fact that traumatised
victims too often struggle to obtain the physical and mental
rehabilitation, justice and compensation to which they are entitled.
“Torture unfortunately continues to be practised in many
countries, made possible by the dehumanization of the victim, torturer and
society at large,”
said Claudio Grossman, Chair of the UN Committee
Against Torture which last November issued a landmark definition on the
right to reparation for victims
(General Comment no. 3 on Article 14 of the
Convention).
Victims have the enforceable right to reparation
that includes fair and adequate compensation and access to as full
rehabilitation as possible.
States must also ensure victims are not exposed
to further risk of ill-treatment and ensure violations are investigated and
punished.
The Committee’s stance was reinforced in March
by Human Rights Council resolution 22/21 that called on States to not only
provide redress for victims of torture but to ensure that victims are fully
involved in the process to help them rebuild their lives and reintegrate
into society.
“A victim-centred approach requires
individual assessment of the victim’s needs and treatment that goes
beyond the short term,”
said UN Special Rapporteur on torture Juan E.
Méndez.
“A holistic approach is crucial to ensure
professionals work with, rather than on, a person who has been
tortured.”
Another key duty on States, the experts
stress, is to tackle impunity and strengthen judicial proceedings to
prevent torture from continuing.
“Effective redress is
not possible without States addressing impunity,”
said Pablo de
Greiff, Special Rapporteur on the promotion of truth, justice, reparation
and guarantees of non-recurrence.
“In addition to receiving
reparation, it is crucial for victims to be involved in truth-seeking
exercises, and in judicial processes to ensure effective and impartial
investigations, prosecutions and judgements that reflect the gravity of the
offence.
It is also central for societies to put institutions and
mechanisms in place to prevent future violations,” he said.
Rehabilitation of victims is key not only for the individuals affected
but for society as a whole, according to Malcolm Evans, Chair of the
Subcommittee on the Prevention of Torture which conducts field visits to
places of detention.
“Wherever and whenever torture and ill-treatment
occur, a meaningful prevention implies prevention for the victims and their
relatives.
Our committee has learned from direct experience the central
role that rehabilitation occupies in the cycle of prevention,”
he
said.
Helping to rebuild lives
The focus on a
victim-oriented approach also highlights the need for properly resourced
rehabilitation centres, the experts say.
Every year, the UN
Voluntary Fund for Victims of Torture supports hundreds of such centres to
give humanitarian, medical and legal assistance to victims and their
relatives.
It is estimated that the Fund assists annually
between 50,000 to 70,000 victims and their relatives, including Syrian
refugee Sabeen, who was kidnapped, repeatedly raped, and saw family members
killed in front of her. Sabeen, 24, fled to Jordan where her mother took
her to a centre that receives a grant from the Fund to provide therapy and
support for torture victims.
The Fund, which relies on voluntary contributions from governments, the
private sector and individuals, has seen its donations drop 30% since 2008
to $8.4m in 2012. Its donor base has also shrunk from 38 donors in 2008 to
22 in 2012.
“Too many governments are cutting back on
this in the light of economic problems,”
said Mercedes Doretti, a
forensic anthropologist who chairs the Fund’s Board of Trustees.
Ensuring prompt and proper treatment for victims of torture can reduce the
financial cost to the state, she noted.
“We strongly hope
that this renewed focus on victims’ redress and rehabilitation will
translate into more resources being made available to respond to thousands
of torture victims,”
said Ms Doretti.