may identify themselves as ‘victims’ or ‘survivors’. This General
Comment uses the term ‘victim’ without prejudice to other terms.
Victims are persons who individually or collectively suffer harm,
including physical or psychological harm, through acts or omissions
that constitute violations of the African Charter.
17. An individual is a victim regardless of whether the perpetrator of
the violation is identified, apprehended, prosecuted or convicted,
and regardless of any familial or other relationship between the
perpetrator and the victim. The term ‘victim’ also includes affected
immediate family or dependants of the victim as well as persons
who have suffered harm while intervening to assist victims or to
prevent victimisation.
18. State Parties are required to protect the dignity of victims at all times
and ensure that victims are at the centre of the redress process. A
victim-centred approach to redress requires an analysis and full
understanding of the harm suffered and of the victims’ wishes. It
needs to reflect their experiences and realities, so that the provided
redress is responsive to their needs. States should ensure that
victims have ownership of the redress process, and relevant
actors providing redress are expected to work with the victims, and
not on the victims. Victims should be enabled to play active and
participatory roles in the process of obtaining redress, without fear
of stigma and reprisals.
19. The identification of victims should be made on a case-by-case
basis without discrimination, and it should be guided by the
particular harm experienced by the individual or collective, rather
than on the basis of exclusive focus on the act or omission itself.
States should take into account the gendered nature of torture and
other ill-treatment, including the particular effects of sexual and
gender based violence, the aggravated impact of torture and other
ill-treatment on children and the unique experiences of people with
disabilities subjected to torture and other ill-treatment.
20. This General Comment uses a non-exhaustive list of grounds of
discrimination. These include race, colour, ethnicity, age, religious
belief or affiliation, political or other opinion, national or social origin,
6