-
Where in a position to do so, such as Constitutional Courts or Supreme Courts,
where possible invalidate legislation that hinders or prevents effective investigations,
order the relevant authorities to take specific reforms or call for such reforms in cases
of systemic failings.
- Judicial proceedings, including enforcement of awards:
-
-
-
Conduct any proceedings expeditiously, in particular by countering delay tactics of
defendants, such as the seeking of repeated adjournments, and by seeking to fasttrack torture cases where possible;
Introduce changes to case management so as to ease any existing backlog of cases;
Take measures to counter corruption, including corruption aimed at delaying
proceedings in torture cases;
Where in a position to do so, such as Constitutional Courts or Supreme Courts,
where possible invalidate legislation that hinders or prevents timely adjudication and
enforcement of torture cases, order the relevant authorities to take specific action or
call for such reforms in cases of systemic failings;
Call for institutional reforms aimed at improving the judicial infrastructure and the
capacity of courts to deliver justice in a timely manner.
Human rights commissions/TRC
National human rights institutions, Truth and Reconciliation Commissions and/or similar
bodies should take the following steps with a view to ensuring that their own proceedings are
conducted expeditiously and that their recommendations or decisions are complied with in a
timely manner:
-
-
Conduct investigations of torture allegations and/or the determination of torture claims
expeditiously;
Organise the handling of torture cases in such a way as to avoid unnecessary delays,
including by introducing timelines for taking specific action; call for more resources
where existing funds prove insufficient to guarantee effective responses in torture
cases;
In case of non-compliance by the government or responsible bodies, seek to use
judicial challenges to compel government;
In cases of systemic delays in government compliance, call for legislation that vests
the body with enforcement powers.
International Human Rights Treaty Bodies
International human rights treaty bodies should consider the following issues in their
jurisprudence as a means of clarifying existing standards, strengthening victims’ rights and
providing guidance to states parties.
- Prompt and expeditious investigations and prosecutions:
-
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Clarify the specific obligations of states in investigating and prosecuting torture
allegations, in particular with regard to the timely taking of specific measures, such as
those described in the Istanbul Protocol;
Strengthen victims’ right to an effective remedy by recognising their right to active
participation in proceedings and to obtain timely information about the status of
proceedings:
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