torture and other ill-treatment.
27. Victims of torture or other ill-treatment have a right to full and
effective redress irrespective of where the torture and other illtreatment were committed. State Parties are obliged to prosecute
or extradite alleged perpetrators of torture when they are present
in any territory under their jurisdiction and to adopt the necessary
legislation to make this possible. State Parties should also ensure
that means of reparation are accessible to victims who were
subjected to torture and other ill-treatment outside their territory.
28. Amnesty laws in relation to acts of torture violate the victims’ right to
judicial protection and to have their cause heard under Article 7 (1)
of the African Charter. This is particularly the case where the State
has not met its obligations of investigating the violations, prosecuting
the perpetrators, providing victims with redress for injuries suffered,
and acting to stop the recurrence of such atrocities. Hence, States
should not extend blanket amnesty to individuals for acts of torture.
Similarly, States should not grant immunity to individuals for acts of
torture since this is contrary to the obligation to prosecute and to
provide redress for victims.
V:
Protection against intimidation, retaliation and reprisals
29. The right to protection against intimidation, retaliation and reprisals
is an integral component of victims’ right to redress and a condition
precedent to obtaining justice. Victims, witnesses, their relatives
and members of their communities shall enjoy this protection
before, during and after the judicial and other proceedings which
they pursue to obtain redress. This right to protection is also
extended to investigators, lawyers, health-care personnel, human
rights defenders, monitoring bodies such as NHRIs and NPMs and
any other individual or institution assisting victims in accessing
redress.
30. States are required to ensure that they put in place specific protection
mechanisms in situations where victims might be dependent on
perpetrators for care, such as in health-care institutions or detention
facilities. Alternative support should be provided to ensure that
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