CAT/C/GC/3
as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure
that impartial and effective complaints mechanisms are established. Full redress cannot be
obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints
mechanisms shall be made known and accessible to the public, including to persons
deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for
example, telephone hotlines or confidential complaints boxes in detention facilities, and to
persons belonging to vulnerable or marginalized groups, including those who may have
limited communication abilities.
24.
At the procedural level, States parties shall ensure the existence of institutions
competent to render enforceable final decisions through a procedure established by law to
enable victims of torture or ill-treatment to secure redress, including adequate
compensation and rehabilitation.
25.
Securing the victim’s right to redress requires that a State party’s competent
authorities promptly, effectively and impartially investigate and examine the case of any
individual who alleges that she or he has been subjected to torture or ill-treatment. Such an
investigation should include as a standard measure an independent physical and
psychological forensic examination as provided for in the Istanbul Protocol. Undue delays
in initiating or concluding legal investigations into complaints of torture or ill-treatment
compromise victims’ rights under article 14 to obtain redress, including fair and adequate
compensation and the means for as full rehabilitation as possible.
26.
Notwithstanding the evidentiary benefits to victims afforded by a criminal
investigation, a civil proceeding and the victim’s claim for reparation should not be
dependent on the conclusion of a criminal proceeding. The Committee considers that
compensation should not be unduly delayed until criminal liability has been established.
Civil liability should be available independently of criminal proceedings and the necessary
legislation and institutions for such purpose should be in place. If criminal proceedings are
required by domestic legislation to take place before civil compensation can be sought, then
the absence of or undue delay in those criminal proceedings constitutes a failure on the part
of the State party to fulfil its obligations under the Convention. Disciplinary action alone
shall not be regarded as an effective remedy within the meaning of article 14.
27.
Under article 14, a State party shall ensure that victims of any act of torture or illtreatment under its jurisdiction obtain redress. States parties have an obligation to take all
necessary and effective measures to ensure that all victims of such acts obtain redress. This
obligation includes an obligation for State parties to promptly initiate a process to ensure
that victims obtain redress, even in the absence of a complaint, when there are reasonable
grounds to believe that torture or ill-treatment has taken place.
28.
The Committee strongly encourages States parties to recognize the Committee’s
competence to consider individual complaints under article 22 to allow victims to submit
communications and seek the views of the Committee. The Committee furthermore
encourages States parties to ratify or accede to the Optional Protocol to the Convention
against Torture in order to strengthen preventive measures against torture and ill-treatment.
Access to mechanisms for obtaining redress
29.
The Committee highlights the importance of the State party affirmatively ensuring
that victims and their families are adequately informed of their right to pursue redress. In
this regard, the procedures for seeking reparation should be transparent. The State party
should moreover provide assistance and support to minimize the hardship to complainants
and their representatives. Civil proceedings, or other proceedings, should not impose a
financial burden upon victims that would prevent or discourage them from seeking redress.
Where existing civil proceedings are unable to provide adequate redress to victims, the
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