•
•
•
Advocate for legislative reforms, in particular with a view to strengthening the rights of
victims of torture to a timely resolution of their cases, for example by providing that
the outcome of a civil reparation claim is independent from that of a related criminal
case;
Advocate for institutional reforms to strengthen the administration of justice, in
particular by promoting access to justice and enhancing the capacity of the judiciary
to dispose of cases in a timely manner;
Upon exhaustion of domestic remedies or where proceedings are unduly prolonged,
bring cases before international human rights treaty bodies where possible with a
view to obtaining effective remedies for the torture victim(s) in the case at hand and to
setting precedents that may prompt national authorities to change their practice.
- Non-judicial proceedings
•
•
•
Seek to use courts or other competent bodies to prompt non-judicial bodies, such as
national human rights institutions or truth and reconciliation commissions to consider
claims expeditiously;
Bring applications before courts or other competent bodies with a view to ensuring
timely compliance and enforcement by the government or other responsible national
bodies;
Advocate for reforms seeking to introduce timelines, oversight mechanisms or even
binding obligations to act on non-judicial decisions within a given timeframe so as to
avoid unnecessary delays between the decision and its implementation.
Governments
The responsible government bodies should take the following steps in seeking to implement
relevant international standards of opening investigations into torture allegations promptly
and of conducting investigations and prosecutions expeditiously:
- Prompt and expeditious investigations and prosecutions:
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Adopt an anti-torture policy, which includes a commitment to combating impunity by
responding promptly to torture allegations and by seeking to investigate, prosecute
and punish perpetrators of torture expeditiously;
Analyse existing law and practice with a view to identifying legal obstacles to effective
investigations, such as amnesty laws, and/or procedures to expedite investigations
and prosecutions, in particular those that strengthen victims’ rights in proceedings;
following consultation with experts and civil society, introduce laws seeking to
address the shortcomings identified;
Identify the causes for delays in responding to torture allegations and in investigating
and prosecuting torture cases, and implement changes to the institutional structure,
the capacity of bodies and applicable procedures; set up an independent body either
tasked with promptly investigating allegations of torture or with overseeing the
conduct of investigating bodies, in particular their effectiveness in handling torture
cases;
Commit a sufficient amount of finances in the annual budgets set aside for the
effective implementation of said measures.
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