SUMMARY: This report uses data collected by IRCT member centres in Kenya, Mexico, the Philippines, Serbia and Uganda over the course of the Data in the Fight against Impunity (DFI) project to illustrate some of the challenges faced by torture victims to access redress and reparations.

The data illustrates that even in countries where legislation to prevent and criminalise torture or to provide redress to victims has been enacted, torture victims still face challenges in accessing redress and reparations. There have been few, if any, convictions of perpetrators compared to the number of torture victims who have filed a complaint about torture. Complaints are often not investigated promptly, effectively or impartially and in many instances the documentation of the physical and psychological effects of torture on the victim is not carried out to the internationally accepted standards laid out in the Istanbul Protocol. This is despite there being clear obligations on states to enact legislation and establish mechanisms to effectively investigate and prosecute torture complaints.

The data further shows that very few victims have been awarded reparations, such as compensation or rehabilitation, through a court process; and where compensation is awarded, the payments are often not made to the victims. Moreover, the provision of rehabilitation services by states still does not exist in the majority of the countries in this report, or is not being effectively implemented. As a result, torture victims in all five countries rely heavily on the specialised rehabilitation services provided by IRCT member centres in the absence of adequate State services. This is despite clear international, regional and often domestic legal obligations on states to provide mechanisms for torture victims to access reparation, including compensation and rehabilitation. The data also illustrates various barriers for torture victims to access redress and reparations, including: lengthy court processes, the fear of reprisals and intimidation made worse by a lack of protection mechanisms and statutory limitation periods for filing complaints.

The ability of torture victims to access redress and reparations plays an important role in the fight against impunity. There is a danger that where there are non-existent or ineffective mechanisms to complain about, investigate and prosecute acts of torture and no effective means for the victims to seek reparations a culture of impunity and acceptance of torture will be perpetuated.

Torture victims in all five countries rely heavily on the specialised rehabilitation services provided by IRCT member centres in the absence of adequate State services. This is despite clear international, regional and often domestic legal obligations on states to provide mechanisms for torture victims to access reparation, including compensation and rehabilitation.

Looking to the future, there is considerable work to be done to ensure that states fully implement the anti-torture legislation they enact so that victims can access much-needed redress and reparation measures. This requires both financial investment and political willingness, as well as continued pressure and scrutiny from civil society organisations. In addition, criminal justice processes including investigation and prosecution as well as protection mechanisms need improvement. States need to allocate budgetary resources to reparations, including compensation and rehabilitation in order to ensure these avenues actually exist. Finally, the continued collection of data is a critical tool to enable states and civil society to understand and identify where gaps lie in the implementation of obligations surrounding redress and reparations for torture victims…