CAT/C/GC/3
Committee recommends implementing mechanisms that are readily accessible to victims of
torture and ill-treatment, including the establishment of a national fund to provide redress
for victims of torture. Special measures should be adopted to ensure access by persons
belonging to groups which have been marginalized or made vulnerable.
30.
Judicial remedies must always be available to victims, irrespective of what other
remedies may be available, and should enable victim participation. States parties should
provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary
resources to bring complaints and to make claims for redress. States parties shall also make
readily available to the victims all evidence concerning acts of torture or ill-treatment upon
the request of victims, their legal counsel, or a judge. A State party’s failure to provide
evidence and information, such as records of medical evaluations or treatment, can unduly
impair victims’ ability to lodge complaints and to seek redress, compensation and
rehabilitation.
31.
The State party should also take measures to prevent interference with victims’
privacy and to protect victims, their families and witnesses and others who have intervened
on their behalf against intimidation and retaliation at all times before, during and after
judicial, administrative or other proceedings that affect the interests of victims. Failure to
provide protection stands in the way of victims filing complaints and thereby violates the
right to seek and obtain redress and remedy.
32.
The principle of non-discrimination is a basic and general principle in the protection
of human rights and fundamental to the interpretation and application of the Convention.
States parties shall ensure that access to justice and to mechanisms for seeking and
obtaining redress are readily available and that positive measures ensure that redress is
equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or
affiliation, political or other opinion, national or social origin, gender, sexual orientation,
gender identity, mental or other disability, health status, economic or indigenous status,
reason for which the person is detained, including persons accused of political offences or
terrorist acts, asylum-seekers, refugees or others under international protection, or any other
status or adverse distinction, and including those marginalized or made vulnerable on bases
such as those above. Culturally sensitive collective reparation measures shall be available
for groups with shared identity, such as minority groups, indigenous groups, and others.
The Committee notes that collective measures do not exclude the individual right to
redress.
33.
Judicial and non-judicial proceedings shall apply gender-sensitive procedures which
avoid re-victimization and stigmatization of victims of torture or ill-treatment. With respect
to sexual or gender-based violence and access to due process and an impartial judiciary, the
Committee emphasizes that in any proceedings, civil or criminal, to determine the victim’s
right to redress, including compensation, rules of evidence and procedure in relation to
gender-based violence must afford equal weight to the testimony of women and girls, as
should be the case for all other victims, and prevent the introduction of discriminatory
evidence and harassment of victims and witnesses. The Committee considers that
complaints mechanisms and investigations require specific positive measures which take
into account gender aspects in order to ensure that victims of abuses such as sexual violence
and abuse, rape, marital rape, domestic violence, female genital mutilation and trafficking
are able to come forward and seek and obtain redress.
34.
To avoid re-victimization and stigmatization of victims of torture or ill-treatment,
the protections outlined in the preceding paragraph equally apply to any person
marginalized or made vulnerable on the basis of identities and groups such as those
examples listed under the principle of non-discrimination in paragraph 32. In judicial and
non-judicial proceedings sensitivity must be exercised toward any such person.
Accordingly, the Committee notes that judicial personnel must receive specific training on
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