1. Introduction
Delays are a persistent cause for concern in the administration of justice worldwide. The
timely disposition of cases is seen as an elementary part of justice; conversely, unduly
prolonged investigations and trials deny justice. Delays are detrimental to those seeking
justice and the system of justice as a whole. For those seeking justice, delays can mean
prolonged detention and drawn out criminal trials. In civil proceedings, delays mean higher
costs, adverse impacts on the enjoyment of rights and a sense of frustration and anxiety due
to the uncertainty of the outcome of the case. Delays may also result in cases being timebarred, are likely to make evidence more difficult to obtain and/or less reliable to use and can
undermine public confidence in the system of justice as a whole. This can jeopardise the
peaceful resolution of disputes and make people seek justice on their own terms, and can
lead to violence.
Delays in the administration of justice impact on all cases, whatever the type of crime or
wrong that is involved. However, delays pose particular challenges in respect of the handling
of torture cases. Torture is recognised as one of the most serious crimes; it is often
committed behind closed doors against persons who are at the mercy of state authorities for
long periods of time. Time is therefore of the essence: (further) torture can only be
prevented if detainees are brought before a judge promptly; complaints and investigations
into allegations of torture are more likely to succeed if they are commenced speedily; and,
remedies will only be effective in re-building lives if they are timely..
Systemic delays produce invisible and pernicious though not necessarily unintended effects
by sending a twofold message:
•
•
to torture survivors that it is not worthwhile pursuing cases, thereby acting as a
powerful inhibitor to justice; and
to those responsible for torture that they do not have to fear adverse repercussions,
at least not at anytime in the near future;
This simultaneously undermines the right to an effective remedy, including the right to
complain and having one’s complaint investigated, as well as the obligation to take all
possible measures to prevent torture.
This Report was prompted by REDRESS’ work with torture survivors around the world and
organisations that support them. We and the organisations we work with have seen first hand
the detrimental impact of delays on the practical realisation of justice, and are conscious of
the need to take decisive action to redress this situation.
The Report reviews international standards on ‘timeliness’ as well as court judgments and
procedures from a number of countries around the world. It formulates a number of important
litigation and advocacy strategies for the benefit of lawyers working with torture survivors
which are designed to help mount effective responses to both systemic delays and delays in
individual torture cases.
The Report:
• Provides an overview of the nature and main causes of, and factors contributing to
delays;
• Examines the adverse impact of delays in various proceedings on the right to an
effective remedy and reparation for torture survivors;
• Identifies relevant international human rights standards governing delays in various
proceedings, namely in relation to the investigation and prosecution of torture cases
and in relation to reparation claims;
3