guarantees of non-repetition. State Parties shall repeal legislative
measures that inhibit prospects for truth such as broad based laws
on State secrecy and indemnity laws that have often been utilised
to obscure State responsibility for large-scale acts of torture in times
of conflict and repression. At the conclusion of truth commissions
or other processes aimed to ensure peace and stability, State
Parties shall have comprehensive policies for establishing archives
that embody the right to know and for facilitating memorialisation
initiatives that honour victims of torture and other ill-treatment.
69. In observing the right to a fair and effective remedy for victims of
torture in the context of transitional justice, State Parties shall adopt
a complementary and holistic approach to justice that incorporates
the retributive, restorative and redistributive elements of justice with
a view to upholding the requirements of accountability, reparation,
sustainable peace, healing and reconciliation. Retributive justice
shall be applied in a manner that re-affirms and upholds the rule of
law and maintains general deterrence within society and prevents
recidivism. Restorative justice shall be utilised to foster dialogue
between victim and perpetrator at community level as a pathway
to healing. Redistributive justice should interrogate the different
levels in society and address structural and systematic injustices
and distributive inequalities.
70. In addressing large-scale acts of torture and other ill-treatment,
State Parties shall ensure that their justice approaches are
premised on a consultative, all-inclusive and participatory approach
that ensures both respect for the dignity and rights of victims and
victim communities and the demands for building a common future
transcending the divisions that conflicts occasion and guaranteeing
non-repetition. Reparation programmes established by State
Parties shall adhere to the threshold of prompt, full and effective
access to redress; consist of all forms of reparation and provide
redress for collective harm as outlined in this General Comment.
71. State Parties shall address structural conditions that allow for the
perpetuation of torture and other ill-treatment. State Parties shall
undertake security sector reforms that advance civilian oversight,
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