Publications

This report, authored in partnership with the Institute for Security Studies (ISS), provides a detailed study of domestic practice of victim participation in criminal law proceedings. It analyses victims’ rights to engage in criminal proceedings and in particular the extent to which a range of domestic jurisdictions provide victims with rights to play an active role. Such rights may include the right to launch proceedings, to challenge decisions not to prosecute, and to make statements in court. The aim of this report is to support the efforts of states to develop and put in place a framework for victim participation in the context of investigating and prosecuting international crimes. This report aims to be a useful reference for actors in domestic systems engaged in wider discussions on victims’ rights.

This submission to the UN Human Rights Committee, authored by REDRESS is collaboration with other civil society organisations, outlines key concerns in relation to Kenya’s adherence to the prohibition of torture. This submission may be used by the Committee to frame the list of questions Kenya should address in its upcoming report to the Committee. We highlight the need for Kenya to adopt the Prevention of Torture Bill, which includes a comprehensive definition of torture in line with the UN Convention against Torture, and renders all acts of torture punishable by appropriate penalties. Kenya must also be encouraged effectively investigate the 2007-2008 post-election violence, and address the ongoing impunity of perpetrators by removing domestic obstacles preventing victims from obtaining justice and reparation.

REDRESS made a written submission to the UN Human Rights Committee (UNHRC) for its July 2015 examination of the UK’s 7^th Periodic Report under the International Covenant on Civil and Political Rights (ICCPR). Our submission raises concerns including: the UK’s retreat from its previous assurance of an independent judge-led inquiry into complicity in torture allegations; the fresh allegations which have arisen concerning the UK’s knowledge of the USA’s use of Diego Garcia during the USA’s extraordinary rendition programme and allegations concerning UK renditions in and from Iraq. REDRESS also recommended that the UK adopt a comprehensive, consistent and transparent anti-torture policy grounded in applicable international standards.

REDRESS submitted a brief for the United Nations Human Rights committee's upcoming general discussion on the preparation of a General Comment on Article 6 (right to life) of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to life. Our submission focuses on the death penalty and its relevance to torture.  

REDRESS has released a number of training guides, which are intended as a reference on Istanbul Protocol standards for documenting torture and ill-treatment for a variety of professionals in the Maldives, including medical professionals, members of the legal profession, state officials responsible for those in detention, including police officers, relevant government ministries and members of civil society. The handbooks are based on training delivered to medical professionals, lawyers, human rights investigators and members of civil society in Malé, Maldives, in January 2015 with the Human rights Commission of the Maldives.

Lawyers for Justice in Libya (LFJL) and REDRESS have prepared a detailed legal commentary on the first set of constitutional recommendations published by Libya's Constitutional Drafting Assembly in December 2014. While we welcome the positive steps taken by the constitutional drafting body to address some of the key limitations to the country’s legal protections, these provisions are not sufficiently comprehensive given Libya’s historical use of torture, its continued prevalence today, and the degree of impunity with which it is carried out. In light of this, we make several recommendations to the propose provisions.

REDRESS, in collaboration with four human rights organisations, has addressed a letter to the EU Genocide Network ahead of its 18th Meeting, calling for a special meeting of the Network following the findings of the US Senate Intelligence Committee report summary published last year. This report concludes that the torture techniques used in the post 9/11 torture programme conducted by CIA officials and contractors in secret prisons around the world were far more brutal, systematic and widespread than previously acknowledged. The other co-signatories are Track Impunity Always (TRIAL), Human Rights Watch (HRW), the International Federation for Human Rights (FIDH) and the European Center for Constitutional and Human Rights (ECCHR).

The report analyses the current framework governing the appointment of legal representatives of victims (LRVs) as well as Common Legal Representatives of Victims (CLRV). We examine some of the key factors governing the selection of counsel for victims as well as victims’ limited opportunities to challenge such appointments. We also review the practice of legal representation. We assess whether there may be a need to better spell out lawyers’ roles and responsibilities, and review the difficulties faced by counsel when communicating and taking instructions from victims and how to overcome them. Lastly, we consider whether additional monitoring mechanisms may help, and what these might look like, and whether the current disciplinary framework is adequate to address actual or perceived under performance.