Committee Against Torture (CAT)
2. The report does not provide information on the practical application of civil
remedies for persons affected by torture and their families. Of particular
note, the national legal framework for civil damages needs to be upgraded,
enabling affected persons in torture cases to claim their rights. Under
effective laws, claims procedures are so complicated and mostly defective.
The Report does not state the number of cases, in which courts ruled for
compensating victims of torture or the number of cases currently heard
by courts. The ICHR is unaware of any cases of compensation for torture
or maltreatment, which Palestinian courts disposed over the eight years
following the State of Palestine’s accession to the Convention.
3. Also, the report does not delineate the extent to which the State implements
the five substantive obligations identified by the CAT General Comment
No. 3 of 2012 to ensure effective redress for persons affected by acts of
torture. These five forms of reparation include restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition.
4. Based on its monitoring, the ICHR has not noticed any official efforts
undertaken to provide redress to persons affected by the Israeli occupation,
including the institution of proceedings before international courts, or by
government agencies and respective actions with a view to put into effect
the five substantive obligations mentioned above. In relation to providing
redress for victims of torture and other forms of cruel, inhuman and
degrading treatment, poor government efforts are borne out by the fact
that Para. 177 of the Report indicates that only one lawsuit was filed in
Palestinian courts, seeking compensation for a citizen who claimed to have
been tortured. No verdict had been handed down in the case as at the
time writing. On the other hand, Para. 43 indicates that a court convicted
24 security officers of acts of torture and other forms of cruel, inhuman
and degrading treatment.
5. The report does not go over the efforts made, or to be made, by the State
to provide redress to victims of torture, particularly legal aid to affected
persons in order to obtain redress. In practice, victims do not have the
means to afford the high cost of these judicial claims.
• In relation to the treatment and rehabilitation of
victims of torture and maltreatment
In paragraph 122 et seq., the Report explains official efforts to rehabilitate
inmates in detention facilities and correction and rehabilitation centres. Still,
the report fails to refer to efforts undertaken to treat and rehabilitate persons
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