victims are not dependent on the perpetrator in any way. Victims of torture and other ill-treatment shall have their privacy and confidentiality, including in relation to information about their health, protected at all times. 31. Failure to provide protection in itself constitutes a violation of the African Charter and State Parties are required to adopt necessary legislation and put in place policy and implementation measures to ensure that such protection is granted in an effective and independent manner. This shall include legislation providing for the criminalisation of threats, harassment, intimidation and omission by State officials to prevent any of these acts, as well as the establishment of independent oversight institutions over all places of detention. Persons against whom there is reasonable suspicion or who are implicated in the perpetration of torture and other illtreatment shall be removed, in accordance with standards of due process, from any position of control or power, whether direct or indirect, over complainants, victims, witnesses and their families as well as those conducting investigations. 32. State Parties should comply promptly and fully with provisional measures so as to prevent irreparable harm. VI: Forms of reparation for acts of torture and other ill-treatment 33. States are obliged to provide adequate, effective and comprehensive reparation to victims of torture and other ill-treatment. They should provide reparation to victims for acts and omissions which can be attributed to the State. In cases where an individual, legal person or other entity is found liable for reparation to a victim, such party should provide reparation to the victim or compensate the State if the State has already provided reparation to the victim. Victims’ access to reparation shall not depend on the initiation of and/or successful outcome of an investigation or criminal proceedings against a perpetrator. States shall ensure that reparation is accessible independently from the identification, apprehension, investigation, prosecution or conviction of the perpetrator. Victims of torture and other ill-treatment shall be able to seek and obtain 10

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