CAT/C/GC/3
the various impacts of torture and ill-treatment, including those on victims from
marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of
torture and ill-treatment, including in the form of sexual or gender-based discrimination, in
order to prevent re-victimization and stigmatization.
35.
The Committee considers the training of relevant police, prison staff, medical
personnel, judicial personnel and immigration personnel, including training on the Istanbul
Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and
personnel involved in efforts to obtain redress should receive methodological training in
order to prevent re-traumatization of victims of torture or ill-treatment. This training should
include, for health and medical personnel, the need to inform victims of gender-based and
sexual violence and all other forms of discrimination of the availability of emergency
medical procedures, both physical and psychological. The Committee also urges States
parties to establish human rights offices within police forces, and units of officers
specifically trained to handle cases of gender-based and sexual violence, including sexual
violence perpetrated against men and boys, and violence against children and ethnic,
religious, national or other minorities and other marginalized or vulnerable groups.
36.
The Committee furthermore underlines the importance of appropriate procedures
being made available to address the needs of children, taking into account the best interests
of the child and the child’s right to express his or her views freely in all matters affecting
him or her, including judicial and administrative proceedings, and of the views of the child
being given due weight in accordance with the age and maturity of the child. States parties
should ensure the availability of child-sensitive measures for reparation which foster the
health and dignity of the child.
Obstacles to the right to redress
37.
A crucial component of the right to redress is the clear acknowledgement by the
State party concerned that the reparative measures provided or awarded to a victim are for
violations of the Convention, by action or omission. The Committee is therefore of the view
that a State party may not implement development measures or provide humanitarian
assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a
State party to provide the individual victim of torture with redress may not be justified by
invoking a State’s level of development. The Committee recalls that subsequent
governments as well as successor States still have the obligation to guarantee access to the
right of redress.
38.
States parties to the Convention have an obligation to ensure that the right to redress
is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent
effective implementation of article 14 include, but are not limited to: inadequate national
legislation, discrimination with regard to accessing complaints and investigation
mechanisms and procedures for remedy and redress; inadequate measures for securing the
custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural
requirements that interfere with the determination of the right to redress; statutes of
limitations, amnesties and immunities; the failure to provide sufficient legal aid and
protection measures for victims and witnesses; as well as the associated stigma, and the
physical, psychological and other related effects of torture and ill-treatment. In addition, the
failure of a State party to execute judgements providing reparative measures for a victim of
torture, handed down by national, international or regional courts, constitutes a significant
impediment to the right to redress. States parties should develop coordinated mechanisms
to enable victims to execute judgements across State lines, including recognizing the
validity of court orders from other States parties and assisting in locating the assets of
perpetrators.
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