CAT/C/GC/3
programmes as soon as possible following an assessment by qualified independent medical
professionals. Access to rehabilitation programmes should not depend on the victim
pursuing judicial remedies. The obligation in article 14 to provide for the means for as full
rehabilitation as possible can be fulfilled through the direct provision of rehabilitative
services by the State, or through the funding of private medical, legal and other facilities,
including those administered by non-governmental organizations (NGOs), in which case
the State shall ensure that no reprisals or intimidation are directed at them. The victim’s
participation in the selection of the service provider is essential. Services should be
available in relevant languages. States parties are encouraged to establish systems for
assessing the effective implementation of rehabilitation programmes and services, including
by using appropriate indicators and benchmarks.
Satisfaction and the right to truth
16.
Satisfaction should include, by way of and in addition to the obligations of
investigation and criminal prosecution under articles 12 and 13 of the Convention, any or
all of the following remedies: effective measures aimed at the cessation of continuing
violations; verification of the facts and full and public disclosure of the truth to the extent
that such disclosure does not cause further harm or threaten the safety and interests of the
victim, the victim’s relatives, witnesses, or persons who have intervened to assist the victim
or prevent the occurrence of further violations; the search for the whereabouts of the
disappeared, for the identities of the children abducted, and for the bodies of those killed,
and assistance in the recovery, identification, and reburial of victims’ bodies in accordance
with the expressed or presumed wish of the victims or affected families; an official
declaration or judicial decision restoring the dignity, the reputation and the rights of the
victim and of persons closely connected with the victim; judicial and administrative
sanctions against persons liable for the violations; public apologies, including
acknowledgement of the facts and acceptance of responsibility; commemorations and
tributes to the victims.
17.
A State’s failure to investigate, criminally prosecute, or to allow civil proceedings
related to allegations of acts of torture in a prompt manner, may constitute a de facto denial
of redress and thus constitute a violation of the State’s obligations under article 14.
Guarantees of non-repetition
18.
Articles 1 to 16 of the Convention constitute specific preventive measures that the
States parties deemed essential to prevent torture and ill-treatment. To guarantee nonrepetition of torture or ill-treatment, States parties should undertake measures to combat
impunity for violations of the Convention. Such measures include issuing effective, clear
instructions to public officials on the provisions of the Convention, especially the absolute
prohibition of torture. Other measures should include any or all of the following: civilian
oversight of military and security forces; ensuring that all judicial proceedings abide by
international standards of due process, fairness and impartiality; strengthening the
independence of the judiciary; protecting human rights defenders and legal, health and
other professionals who assist torture victims; establishing systems for regular and
independent monitoring of all places of detention; providing, on a priority and continued
basis, training for law enforcement officials as well as military and security forces on
human rights law that includes the specific needs of marginalized and vulnerable
populations and specific training on the Istanbul Protocol for health and legal professionals
and law enforcement officials; promoting the observance of international standards and
codes of conduct by public servants, including law enforcement, correctional, medical,
psychological, social service and military personnel; reviewing and reforming laws
contributing to or allowing torture and ill-treatment; ensuring compliance with article 3 of
the Convention prohibiting refoulement; ensuring the availability of temporary services for
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