human rights law or international humanitarian law prevails,
preference should be given to the category of law that offers the
best protection for the rights of victims.
65. The prohibition of torture and other ill-treatment requires State
Parties to ensure the existence of an enabling environment
for independent institutions, protecting powers, humanitarian
agencies, CSOs, regional observer missions, the media and
other stakeholders who possess a mandate to document, report,
investigate and provide assistance to victims of torture and other
ill-treatment, so that they may undertake their activities without
undue restrictions. It is incumbent on organised non-State armed
groups that are party to an armed conflict to provide free access
particularly to humanitarian agencies that deliver protection and
assistance to affected communities including victims of torture and
other ill-treatment.
X:
Transitional justice
66. Transitional justice seeks to address the legacy of large-scale past
abuses occasioned by conflicts and oppressive rule. Transitional
justice is meant to facilitate accountability, reparation, sustainable
peace, healing and reconciliation. These goals are embodied in
Article 4 (o) of the AU Constitutive Act which calls for respect of
the sanctity of human life and the condemnation and rejection of
impunity.
67. Redress for victims of torture and other ill-treatment is a matter of
foremost concern in the pursuit of transitional justice. Transitional
justice processes must therefore seek to understand and document
the institutionalisation of torture and other ill-treatment, work
to eliminate opportunities for their continued use and occasion
institutional and legal reforms.
68. State Parties shall facilitate the right of individual victims and their
relatives to acquire all relevant information pertaining to incidences
of torture and other ill-treatment and document such information in
a manner that contributes to the collective memory of society and
advances the goal of healing, including through accountability and
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