APT submission on preventive aspects of the right to redress
The African Commission on Human and Peoples’ Rights will present a General Comment on the right to redress for torture victims, under Article 5 of the African Charter on Human and Peoples’ Rights.
In this General Comment, the African Commission will provide its interpretation of the right to redress in contexts pertinent to the African continent, to assist States parties and other stakeholders to meet their obligations under the African Charter. The General Comment is being prepared by the Committee for the Prevention of Torture in Africa (CPTA).
The APT has submitted a comment on the draft, focusing on preventive aspects of redress. In its General Comment No. 3, the UN Committee against Torture has expressly mentioned that “the provision of reparation has an inherent preventive and deterrent effect in relation to future violations”. However, compensation and restitution are often inadequate or insufficient remedies for victims of torture, due to the nature of the irreparable violations that they have endured. Guarantees that the abuses are not repeated are therefore central in ensuring effective redress for victims of torture and other ill-treatment. The APT encourages the African Commission to underline the preventive effect that an effective system of guarantees of non-repetition can have on further occurrence of torture and other forms of ill-treatment.
Information on the technical meeting on drafting a General Comment on the right to redress for victims of torture and ill-treatment under Article 5 of the African Charter can be found on the website of the African Commission on Human and Peoples’ Rights.