victims are not dependent on the perpetrator in any way. Victims
of torture and other ill-treatment shall have their privacy and
confidentiality, including in relation to information about their health,
protected at all times.
31. Failure to provide protection in itself constitutes a violation of the
African Charter and State Parties are required to adopt necessary
legislation and put in place policy and implementation measures
to ensure that such protection is granted in an effective and
independent manner. This shall include legislation providing for the
criminalisation of threats, harassment, intimidation and omission
by State officials to prevent any of these acts, as well as the
establishment of independent oversight institutions over all places
of detention. Persons against whom there is reasonable suspicion
or who are implicated in the perpetration of torture and other illtreatment shall be removed, in accordance with standards of due
process, from any position of control or power, whether direct or
indirect, over complainants, victims, witnesses and their families as
well as those conducting investigations.
32. State Parties should comply promptly and fully with provisional
measures so as to prevent irreparable harm.
VI: Forms of reparation for acts of torture and other ill-treatment
33. States are obliged to provide adequate, effective and comprehensive
reparation to victims of torture and other ill-treatment. They should
provide reparation to victims for acts and omissions which can be
attributed to the State. In cases where an individual, legal person
or other entity is found liable for reparation to a victim, such party
should provide reparation to the victim or compensate the State
if the State has already provided reparation to the victim. Victims’
access to reparation shall not depend on the initiation of and/or
successful outcome of an investigation or criminal proceedings
against a perpetrator. States shall ensure that reparation is
accessible independently from the identification, apprehension,
investigation, prosecution or conviction of the perpetrator. Victims
of torture and other ill-treatment shall be able to seek and obtain
10