treatment have a right to an effective remedy, which is interlinked
with their right to access justice. For a remedy to be effective, it
must be available without impediment, offer victims with a prospect
of success, and be sufficient to repair the harm suffered. While
remedies should be judicial in nature, victims may choose to pursue
reparation through non-judicial avenues and victims must be able
to seek and obtain reparation irrespective of whether they pursued
formal judicial, quasi-judicial, administrative, traditional or other
processes.
24. State Parties are obligated to avail legal aid to victims in order
for them to access effective redress. Legal aid should be broadly
understood as encompassing legal representation, legal assistance,
legal advice, legal education and information, mechanisms for
alternative dispute resolution, and restorative justice processes.
25. State Parties shall carry out prompt, impartial, independent and
thorough investigations when there are reasonable grounds to
believe that torture and other ill-treatment has been committed,
prosecute those responsible, and provide adequate, effective and
comprehensive reparation to victims. Investigations should be in
line with the standards enshrined in the UN Manual on the Effective
Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (the Istanbul
Protocol).
26. Victims of torture and other ill-treatment should access and obtain
redress promptly. Promptness is also required during hearing
claims for civil damages and when victims seek other means of
reparation, including rehabilitation, which is crucial for the recovery
process of victims. Promptness is further required for the effective
enforcement of decisions by domestic, regional and international
judicial and quasi-judicial mechanisms. Failure to provide prompt
access to redress constitutes de facto denial of redress. To this
end, State Parties are required to establish effective independent
mechanisms for verifying compliance and enforcement of such
decisions. They should include in their national budgets funds for
reparation for victims of human rights violations, including victims of
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