treatment is committed by State officials, including law-enforcement
and security agencies and armed forces, as well as non-State
actors.
13. Individual, institutional, structural and systemic inequalities, as
well as discrimination, marginalisation and other disadvantageous
situations place certain persons or groups at heightened risk to acts
of torture and other ill-treatment.
14. Significant challenges exist which prevent victims of torture and
other ill-treatment from realising the right to redress. Victims are
unable to obtain redress because of the lack of comprehensive
anti-torture legislation, the existence of laws which legalise or
permit torture and other ill-treatment, and the absence of effective
policies, programmes, administrative measures and institutional
arrangements designed to give effect to this right. Impunity, gaps in
the rule of law, corruption, inadequate torture prevention safeguards
and a lack of implementation of legislation where it exists, especially
in conflict and post-conflict States, present significant obstacles
to victims seeking redress. Discrimination, marginalisation and
socio-economic challenges as well as institutional and structural
inequalities are further systemic barriers to accessing justice for
disadvantaged people.
15. Where they exist, redress procedures tend to be time-consuming,
bureaucratic, expensive and cumbersome. In many instances the
procedures themselves can be an additional barrier to redress and
can result in re-traumatisation. Mechanisms for enforcing reparation
awards are frequently ineffectual, preventing enforcement of
reparation orders by domestic courts as well as decisions of the
Commission. Courts and quasi-judicial mechanisms such as NHRIs
and Ombudspersons are often under-resourced or lack technical
competencies to determine and award effective reparation to
victims and/or to enforce their decisions and recommendations.
III: The place of the victim in the redress process
16. The right to redress applies to all persons subjected to torture
and other ill-treatment without discrimination. Such persons
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