CAT/C/GC/3
39.
With regard to the obligations in article 14, States parties shall ensure both de jure
and de facto access to timely and effective redress mechanisms for members of groups
marginalized and/or made vulnerable, avoid measures that impede the ability of members
of such groups to seek and obtain redress, and address formal or informal obstacles that
they may face in obtaining redress. These may include, for example, inadequate judicial or
other procedures for quantifying damages which may have a negative disparate impact on
such individuals in accessing or keeping money. As the Committee has emphasized in its
general comment No. 2, “gender is a key factor. Being female intersects with other
identifying characteristics or status of the person…to determine the ways that women and
girls are subject to or at risk of torture or ill-treatment”. States parties shall ensure due
attention to gender in providing all the elements cited above in the process of ensuring that
everybody, in particular members of groups made vulnerable, including lesbian, gay,
bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair
and adequate compensation, rehabilitation and other reparative measures which respond to
their specific needs.
40.
On account of the continuous nature of the effects of torture, statutes of limitations
should not be applicable as these deprive victims of the redress, compensation, and
rehabilitation due to them. For many victims, passage of time does not attenuate the harm
and in some cases the harm may increase as a result of post-traumatic stress that requires
medical, psychological and social support, which is often inaccessible to those who have
not received redress. States parties shall ensure that all victims of torture or ill-treatment,
regardless of when the violation occurred or whether it was carried out by or with the
acquiescence of a former regime, are able to access their rights to remedy and to obtain
redress.
41.
The Committee has consistently held that amnesties for the crime of torture are
incompatible with the obligations of States parties under the Convention, including under
article 14. As was pointed out in general comment No. 2, “amnesties or other impediments
which preclude or indicate unwillingness to provide prompt and fair prosecution and
punishment of perpetrators of torture or ill-treatment violate the principle of nonderogability.” The Committee considers that amnesties for torture and ill-treatment pose
impermissible obstacles to a victim in his or her efforts to obtain redress and contribute to a
climate of impunity. The Committee therefore calls on States parties to remove any
amnesties for torture or ill-treatment.
42.
Similarly, granting immunity, in violation of international law, to any State or its
agents or to non-State actors for torture or ill-treatment, is in direct conflict with the
obligation of providing redress to victims. When impunity is allowed by law or exists de
facto, it bars victims from seeking full redress as it allows the violators to go unpunished
and denies victims full assurance of their rights under article 14. The Committee affirms
that under no circumstances may arguments of national security be used to deny redress for
victims.
43.
The Committee considers reservations which seek to limit the application of article
14 to be incompatible with the object and purpose of the Convention. States parties are
therefore encouraged to consider withdrawing any reservations to article 14 that limit its
application so as to ensure that all victims of torture or ill-treatment have access to redress
and remedy.
United Nations Voluntary Fund for Victims of Torture
44.
Voluntary contributions to international funds for victims of torture play an
important role in providing assistance to them. The Committee highlights the important
work done by the United Nations Voluntary Fund for Victims of Torture, which provides
humanitarian assistance to victims of torture. The Committee highlights also the possibility
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