Barriers to Justice: Implementing Reparations for Sexual Violence in the DRC
The final report evaluates reparations awarded by courts in the DRC to survivors of sexual violence, and the extent to which these reparations are being implemented. First, the report introduces the mobile court system and other judicial institutions that address sexual violence, specifically in Eastern DRC. Second, the report examines barriers to the implementation of reparations awarded by these courts. Third, the report offers recommendations to the international community to help ensure the payment of reparations to victims in the DRC and strengthen their access to justice.
Rome Statute of the International Criminal Court (Article 68)
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children.
https://www.jus.uio.no/english/services/library/treaties/04/4-06/icc_statute.xml
Additional Protocol I to the Geneva Conventions of 1949 (Article 91)
A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
https://www.icrc.org/eng/assets/files/other/icrc_002_0321.pdf
Universal Declaration of Human Rights
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
http://www.un.org/en/universal-declaration-human-rights/
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
Recalling the adoption of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law by the Commission on Human Rights in its resolution 2005/35 of 19 April 2005 and by the Economic and Social Council in its resolution 2005/30 of 25 July 2005, in which the Council recommended to the General Assembly that it adopt the Basic Principles and Guidelines.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx
Torture survivors have the right to redress and rehabilitation
The thousands of human beings who have already been through the severe pain of torture also face a range of devastating long-term consequences. In particular, survivors of torture frequently experience chronic pain, headaches, insomnia, nightmares, depression, flashbacks, anxiety, and panic attacks, and can become overwhelmed by feelings of fear, helplessness and even guilt because of what happened to them. Feelings of shame and a loss of dignity on the part of torture victims are often compounded by stigmatisation in the community and social isolation. Post-traumatic stress disorder affects both the victims themselves and their families. If left untreated, the consequences of torture can extend throughout a person’s life-time and even beyond, across generations, having a corrosive effect upon entire societies.
Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation
The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity is an important challenge to health professionals, particularly in the field of trauma research and treatment. A brief outline of developments within international law and justice is presented, with a focus on the right to reparation including the means for rehabilitation. The active presence of trauma-informed health professionals is a priority. The issues raised within the context of states obligations to provide and ensure redress and rehabilitation to those subjected to torture are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3650211/
Beyond statistics sharing, learning and developing good practice in the care of victims of torture
German Association of Psychosocial Centres for Refugees and Victims of Torture. ed. Elise Bittenbinder We want to show that behind the anonymous figures are people many of them survivors of torture trying to start a new life after horrific experiences that have changed their lives and left them with scars that might never heal. Some of them need help and rehabilitation in order to be able to dare to trust in themselves and others again and to find a new sense in life. If we want data, it’s not primarily to measure the level of “threat” which the numbers of refugees pose to our societies, but to help us provide better services for them
http://www.icarfoundation.ro/wp-content/uploads/2011/09/publication-2013-Beyond-statistics-.pdf
Alternative report on torture and ill-treatment of prisoners in social rehabilitation centres
This thematic report aims to provide an analysis of the current practices of torture and ill-treatment in Ecuador as they are experienced by PRIVA in our work with rehabilitation of torture victims. From the statistics and cases in this report, it is clear that torture and ill-treatment is still a prevalent practice committed against persons in custody of either the police or the social rehabilitation centres. Further, impunity for such crimes is upheld due to a reluctance with the judicial authorities to conduct prompt, effective, independent and impartial investigations when credible allegations surface. Furthermore, torture is often not reported due to a lack of right awareness, insufficient financial capacity and fear of reprisals on the side of the victims.
http://www2.ohchr.org/english/bodies/cat/docs/ngos/PRIVA_Ecuador45.pdf
Torture in the Americas: The law and practice
This report builds on the presentations and discussions of the Americas Regional Experts Meeting on the Law and Practice on Torture, as well as information shared by experts on the basis of their expertise and experience in litigation and advocacy on torture related issues. The participants completed a questionnaire regarding the law and practice of torture in their jurisdiction and made presentations at the meeting covering national practice as well as thematic issues. The meeting provided an opportunity to exchange information and experiences on litigating torture cases and advocating legal and institutional reforms.
https://redress.org/wp-content/uploads/2017/12/130626-torture-in-the-americas.pdf
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