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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