REDRESS | 4. The right to rehabilitation in international legal practice
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UN Committee Against Torture
In contrast with the 33 General Comments of the HRC, the Committee Against Torture (The
Committee) has only two General Comments and neither of them refers to the right to
reparation of torture victims, to compensation or to rehabilitation or to that effect to Article
14 of CAT. Nevertheless, the Committee, the authoritative interpreter of CAT, has
reaffirmed in multiple concluding observations and views that torture victims have a right
to reparations, including rehabilitation and other measures. Indeed, the Committee when
referring to Article 14 of CAT has stated that “redress should cover all the harm suffered by
the victim, including restitution, compensation, rehabilitation of the victim and measures to
guarantee that there is no recurrence of the violations.”
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It is important to note, however,
that the Committee qualifies this statement by “bearing in mind the circumstances of each
case.”
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As part of the Committee’s practice, States are asked to provide the Committee with
information on reparation measures available for torture victims, including rehabilitation
services;
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and statistical data in relation to the amount of torture victims, how many of them
have benefited from rehabilitation services and other forms of reparation.
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Equally, the
Committee permanently encourages States to set up rehabilitation services and/or to
contribute to the UN Voluntary Fund for Victims of Torture or to independent organisations
wishing to deliver rehabilitation services.
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For example, Committee member, Mr. Sѳrensen,
during the 1996 discussion of the Senegalese report, recommended Senegal to make a
voluntary contribution to the UN voluntary fund for victims of torture, so as to contribute to
the rehabilitation of victims of torture.
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Also, committee member, Mr. Rasmussen in 2000,
during the discussion of the Chinese report, indicated that although there were more than
200 rehabilitation centres for torture victims in the world, not one was located in China.
China responded indicating that its national health system was able to respond to the needs
of torture survivors. However, Rasmussen replied stating that “rehabilitation of torture
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See for example, Committee Against Torture, Saadia Ali v. Tunisia, Communication No. 291/2006, 21 November
2008, para. 15.8; Mr. Kepa Urra Guridi v. Spain, Communication No. 212/2002, 17 May 2005, para. 6.8 and Mr. Ali
Ben Salem v. Tunisia, Communication No. 269/2005, 2 May 2005, para. 16.8 and CAT/C/SR.422, paras. 35-46, 7
November 2007.
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Ibid, see for example the communication in the case of Mr. Kepa Urra Guridi v. Spain, ibid, para. 6.8 and Ali Ben
Salem v. Tunisia, ibid, para. 6.8.
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Second Periodic Report of Armenia, CAT/C/SR.440, 17 November 2000, paras 29-30 and Concluding
Observations: Georgia, CAT/C/GEO/CO/3, 23 June 2008, para. 21; Conclusions and Recommendation of the
Committee against Torture: Peru, CAT/C/PER/CO/4, 25 July 2006, para. 24; Conclusions and Recommendations
of the Committee against Torture: Hungary, CAT/C/HUN/CO/4, 6 February 2007, para. 17; Conclusions and
Recommendations of the Committee against Torture: Italy, CAT/C/ITA/CO/4, 16 July 2007, para. 24; Conclusions
and Recommendations of the Committee against Torture: Latvia, CAT/C/LVA/CO/2, 19 February 2008, para. 22;
Concluding Observations of the Committee against torture: Serbia, CAT/C/SRB/CO/1, 21 November 2008, para.
23 and Concluding Observations of the Committee against Torture: Montenegro, CAT/C/MNE/CO/1, 19 January
2009, para. 20.
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CAT/C/SR.247, 17 January 1997, para. 24.
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See, A/52/44, paras. 189-213.
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CAT/C/SR.247, supra, n.85, para. 28.