Redress
  1. How can torture victims (and other victims of gross human rights violations) gain redress?

  2. How can the abusers be held accountable?

  3. What is redress?

There are lots of great sources out there but I thought I would highlight the leading redress focused NGO, it is called not surprisingly "REDRESS "

For the legal background see: 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 

In Spring 2006, I co-authored a report with Saam Askari, Chelsea Paradis, and Morgane Tidghi on the prospects of redress for torture under international human rights law and domestic Canadian law:

Redress for Torture Victims: Principles and Recommendations for Improving Access to Justice

 

 

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

Selected Principles:

19. Restitution should, whenever possible, restore the victim to the original situation before the gross violations of international human rights law or serious violations of international humanitarian law occurred. Restitution includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one's place of residence, restoration of employment and return of property.

20. Compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law, such as:

    (a) Physical or mental harm;

    (b) Lost opportunities, including employment, education and social benefits;

    (c) Material damages and loss of earnings, including loss of earning potential;

    (d) Moral damage;

    (e) Costs required for legal or expert assistance, medicine and medical services, and psychological and social services.

21. Rehabilitation should include medical and psychological care as well as legal and social services.

22. Satisfaction should include, where applicable, any or all of the following:

    (a) Effective measures aimed at the cessation of continuing violations;

    (b) Verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim's relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations;

    (c) The search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification and reburial of the bodies in accordance with the expressed or presumed wish of the victims, or the cultural practices of the families and communities;

    (d) An official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim;

    (e) Public apology, including acknowledgement of the facts and acceptance of responsibility;

    (f) Judicial and administrative sanctions against persons liable for the violations;

    (g) Commemorations and tributes to the victims;

    (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels.

23. Guarantees of non-repetition should include, where applicable, any or all of the following measures, which will also contribute to prevention:

    (a) Ensuring effective civilian control of military and security forces;

    (b) Ensuring that all civilian and military proceedings abide by international standards of due process, fairness and impartiality;

    (c) Strengthening the independence of the judiciary;

    (d) Protecting persons in the legal, medical and health-care professions, the media and other related professions, and human rights defenders;

    (e) Providing, on a priority and continued basis, human rights and international humanitarian law education to all sectors of society and training for law enforcement officials as well as military and security forces;

    (f) Promoting the observance of codes of conduct and ethical norms, in particular international standards, by public servants, including law enforcement, correctional, media, medical, psychological, social service and military personnel, as well as by economic enterprises;

    (g) Promoting mechanisms for preventing and monitoring social conflicts and their resolution;

    (h) Reviewing and reforming laws contributing to or allowing gross violations of international human rights law and serious violations of international humanitarian law.