Preface
The African Commission on Human and Peoples’ Rights (the Commission)
is pleased to adopt this General Comment on the right to redress for
victims of torture and other cruel, inhuman or degrading punishment or
treatment (torture and other ill-treatment) under Article 5 of the African
Charter on Human and Peoples’ Rights (the African Charter).
Since its establishment in 2004, the Committee on the Prevention of Torture
in Africa (the Committee) has been the focal point for the Commission in
addressing issues of torture and other ill-treatment. In 2012, the Outcome
Document of the Commemorative Seminar on the 10th Anniversary of the
Guidelines and Measures for the Prohibition and Prevention of Torture,
Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the
Robben Island Guidelines) tasked the Committee to prepare authoritative
comments providing legal guidance and interpretation to facilitate the
effective implementation of Article 5 of the African Charter.
The Commission decided to support the Committee’s proposal to develop
a General Comment on victims’ right to redress at its 56th Ordinary Session
held from 21 April to 7 May 2015, to further strengthen existing provisions
on the right to redress in instruments adopted by the Commission, in
particular the Robben Island Guidelines.
Subsequent to that, the Committee developed this General Comment
in consultation with State and non-State stakeholders who provided
invaluable feedback in face-to-face meetings and through electronic
contributions.
The Commission expresses its gratitude to the Committee, States and
all the other stakeholders who participated so whole-heartedly in the
development of this General Comment.
Lawrence Murugu Mute
Commissioner and Chairperson of the
Committee for the Prevention of Torture in Africa
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