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LEGAL AND INSTITUTIONAL REFORM |
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REDRESS works to ensure that survivors' rights to justice and other forms of reparation is exercisable in practice, before national, regional and international jurisdictions, as appropriate.
Often, there are difficult barriers impeding justice at the national level, such as inadequate laws (e.g., a law that puts an unrealistic timeframe on victims' ability to raise complaints of torture or a law that states that certain high officials are immune from prosecution) or an absence of law (e.g., there is no law providing for compensation of torture, there is no definition of torture in the criminal code). At times, the barriers relate more to the institutions that are mandated to respond to torture claims. For example, often national police forces in countries where torture is endemic have insufficient training on standards to prevent and prohibit torture or poor track records in the investigation of torture allegations. At times prosecutors are unaware of the best practice of other countries with a similar legal framework or of recent cases at the international level.
Examples of recent work in this area include:
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Bangladesh: Convening a seminar together with the Bangladesh Rehabilitation Centre for Trauma victims (BRCT), in Dhaka in February 2004. The conference brought together a range of civil society organisations, members of the judiciary, lawyers and government officials to discuss topics ranging from: the international legal obligations to prevent and punish torture; legal and institutional reform; advocacy and awareness raising initiatives and the particular problems facing victims of torture in Bangladesh. A number of concrete proposals were agreed, including the enactment of legislation to make torture a specific offence in line with Article 1 of the Convention against Torture; detailing of priorities for institutional reform, particularly in relation to the police; as well as efforts to improve procedures for claiming reparation for torture. Specific initiatives that were set in motion through the seminar include a working committee to develop a compensation law and using a strategic approach to develop consistent jurisprudence on reparation for torture.
See report: TORTURE IN BANGLADESH: 1971-2004 Making International Commitments a Reality and Providing Justice and Reparations to Victims (August 2004)
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Peru: Following the recommendations of the Truth and Reconciliation Commission (TRC), the National Supreme Court of Peru established on 30 September 2004 a Special National Division of the Supreme Court (Special Court) with jurisdiction to try crimes against humanity (including genocide, torture and forced disappearances) and all other crimes committed between 1980-2000 that constituted violations of human rights. REDRESS together with the Coordinadora Nacional de Derechos Humanos (an umbrella organisation that encompasses most human rights NGOs in Peru) and Paz y Esperanza (an organisation that is part of the Coordinadora), organized a meeting in January 2005 to provide technical assistance on human rights and international humanitarian law directly to the Judges appointed to the Special Court as well as on procedural and structural issues related to establishing up these specialised jurisdictions. Together with these organisations, REDRESS organised a training session for judges, prosecutors and lawyers in April 2005. The Training Seminar involved approximately 40 participants, including judges, prosecutors and lawyers. At least half of those attending were from different provincial areas of Peru; the other half were senior judges and prosecutors from Lima (including Supreme Court judges appointed to the Special Court). There were 5 international trainers, experts in different areas related to the prosecution and trials of systematic, gross and grave human rights and international humanitarian law violations: prosecutor of international crimes, gender perspective, forensic science application to human rights investigations, international criminal law and victims' rights. Local trainers also participated in the sessions.
See the Programme of the Training Seminar
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Georgia: REDRESS published in collaboration with Article 42, a reputed Georgian human rights NGO a detailed review of national law and practice, as well as current reforms, relating to justice and reparation for survivors of torture in Georgia. The Report analyses ongoing changes and reforms following the recent change of Government. A series of practical recommendations that reflect detailed discussions with counterparts in Georgia are appended at the end of the Report. As part of the research into the Report, the Audit Project coordinator travelled to Georgia to meet with local human rights activists, lawyers, government representatives and others and presented on international standards regarding the prohibition of torture and reparation at a conference held in Georgia in November 2004.
See Report: Georgia at the Crossroads: Time to ensure accountability and justice for torture (August 2005)
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Bahrain: REDRESS published an analysis of Bahrain's Decree No. 56 of 2002, which purports to grant a blanket amnesty to all officials who allegedly perpetrated torture and other crimes relating to national security which fall within the jurisdiction of the State Security Court.
See: REDRESS' submission on the amnesty law
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International Approaches to Institutional Reform: REDRESS has also produced a report which analyses issues, problems and best practice relating to the investigation of complaints about torture, worldwide. It also assesses the jurisprudence of regional and international bodies. The Report, which has been translated into French and Arabic and widely disseminated in countries where torture is endemic, also provides a series of conclusions and recommendations, including an examination of the efficacy of the international legal framework and proposals of areas for further standard setting, as well as recommendations for the improvement of complaints systems on the basis of 'best practice.'
See Report: TAKING COMPLAINTS OF TORTURE SERIOUSLY: Rights of Victims and Responsibilities of Authorities (September 2004)
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