- Judicial proceedings, including enforcement of awards:
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As part of an anti-torture policy, make a commitment to providing victims of torture
with effective access to justice and reparation, which includes timely adjudication of
claims and timely enforcement of any awards made;
Analyse existing law and practice with a view to identifying legal obstacles to the
timely adjudication of claims, such as the link between the outcome of criminal cases
and that in civil cases, and/or procedures to expedite the adjudication of claims in
torture cases, such as fast-track procedures;
Analyse existing law and practice with a view to identifying legal obstacles to the
timely enforcement of awards;
Identify the causes for delays in the adjudication of torture cases and their
subsequent enforcement, and implement requisite changes, such as promotion of
better case management, anti-corruption initiatives and clarification of responsibility
for the implementation of awards;
Commit a sufficient amount of finances in the annual budgets set aside for the
effective implementation of said measures.
- Non-judicial proceedings
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As part of an anti-torture policy, make a commitment to comply speedily with
recommendations or decisions by national human rights institutions and/or Truth and
Reconciliation Commissions or similar bodies to award reparation to torture victims;
Analyse existing law and practice with a view to identifying legal obstacles to the
timely compliance with said recommendations or decisions and to devising
procedures aimed at ensuring timely implementation; following consultation with
experts and civil society, introduce laws seeking to address the shortcomings
identified;
Identify the causes for delays in complying with said recommendations or decisions,
and implement requisite changes, such as clear internal guidelines on responsibility
and means of compliance;
Commit a sufficient amount of finances in the annual budgets set aside for the
effective implementation of said measures.
Judiciary
Judges, either individually or collectively, should take the following steps in order to minimise
unreasonable delays in relevant proceedings:
- Prompt and expeditious investigations and prosecutions:
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In habeas corpus proceedings, promptly respond to any allegations or indications of
torture by promptly initiating an investigation or ordering the responsible bodies to
commence an investigation promptly as appropriate;
In their capacity as visiting and monitoring bodies, promptly respond to any
allegations or indications of torture by initiating an investigation or ordering the
responsible bodies to commence an investigation promptly as appropriate;
Where called upon, compel the investigating body promptly to commence an
investigation and to take specific investigatory measures in a timely manner;
Where judges play an active role in investigations, conduct the requisite investigative
steps expeditiously;
Conduct trials against accused perpetrators of torture expeditiously, by considering
the rights of victims without compromising the right of the accused to a fair trial;
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