3. 2. Administrative Proceedings/Proceedings before National Human Rights
Institutions
National human rights institutions often play a vital role in investigating torture and
recommending compensation and other forms of reparation. They are often the only realistic
hope for victims to obtain some form of reparation, in particular where there is no effective
access to the judicial system.
Many national human rights institutions have the power to investigate and to recommend
reparation, in particular compensation. However, investigations have often been slow and
incomplete, due to a lack of powers and capacity.169 Where these bodies recommend
reparation, the relevant authorities often fail to implement, or only comply after substantial
delays, such as in Nepal.170
In one case before the Ugandan Human Rights Commission (UHRC), a man in his forties
was tortured in a safe house during ’Operation Wembley’171 in 2002. He brought his case to
the UHRC in 2003. In September 2005, he was awarded 7 million Ugandan Shillings in
compensation against the Attorney-General to be paid within one month, by agreement
between the parties and witnesses by the Tribunal. Two years after the decision, the
compensation had still not been paid.172
More than one billion Ugandan shillings in awards was outstanding in 2007. A group of
victims interviewed by REDRESS reported that they have little faith in the UHRC because of
slow procedures and the delay in and lack of enforcement. They questioned the seriousness
of the Government’s commitment to the UHRC for these reasons, and because the UHRC
was under-staffed and under-resourced. Observers have also identified the lack of
transparency in the appeal procedure against the UHRC’s decisions and the lack of funds set
aside by the Government for the purpose of compensation as major factors contributing to
delays.173
4. Recommendations
A sustained effort is needed to minimise delays and their adverse impact on torture victims’
right to a remedy and reparation.
Lawyers, Bar Associations and NGOs
- Prompt and expeditious investigations and prosecutions:
169
See for example in Uganda, REDRESS, Torture in Uganda, A Baseline Study, p.29 and REDRESS, Action against Torture,
Philippines, pp.35,36.
170
Conclusions and recommendations of the Committee against Torture: Nepal, UN Doc. CAT/C/NPL/CO/2, 13 April 2007,
para.29.
171
This was an operation handled by the Violent Crime Crack Unit to clamp down on serious crimes.
172
Information obtained by REDRESS in the course of interviews with torture survivors in Uganda in late 2006 and early 2007.
173
REDRESS, Torture in Uganda, A Baseline Study, p.34.
37
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