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{
    "id": 720958,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720958/?format=api",
    "text_counter": 553,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Clause 10 of the Prevention of Torture Bill provides that there shall be no immunity and amnesty granted through torture. If you torture another citizen, do not expect immunity or amnesty granted to you as the person accused of torture. Clause 11 of the Bill prescribes the matters to be taken into consideration by courts during sentencing of persons convicted under this Act. It includes the duration of torture, the victim’s state of health, gender and religion. Let me talk about gender. You have seen the way many women in this country suffer from their husbands, political competitors and boyfriends. If you torture somebody, the victim’s state of health, gender and religion must be taken into consideration when that person is being convicted under this Act. Part III of the Bill confers the Kenya National Commission on Human Rights (KNCHR) to, among other things, investigate alleged violation of the provisions of the Bill and to advise the Government on matters relating to prevention of torture. So, the KNCHR has an obligation to conduct civic education and make sure that the Government gets advice on matters on how to prevent torture, inhuman and degrading treatment and punishment of citizens. This mandate is also in line with the Kenya National Commission on Human Rights Act and Article 59 of the Constitution that talks about how we prevent torture. Part IV of the Bill provides remedies available to victims of torture. What are the remedies? You were tortured, so what? What are the compensations? How do you deal with the accuser? Part IV deals with it. Clause 13 provides for the procedure of reporting and registering offences created in this Bill. We must find a way. How do you report and register complaints when you are tortured by both state agencies and non-state actors? Clause 14 applies to the Criminal Procedure Code when it comes to investigation of offences related under this Act. Clause 15 provides that victim’s impact statement can be adduced as evidence. These are statements given by victims of torture. They can be used or adduced as evidence by the prosecutor during criminal proceedings. Clause 16 defines the vulnerability of a witness. It sets out the procedure to be followed where a person has been declared a vulnerable witness. If you are tortured by your husband and your clan or family members want to cover that, or you are tortured and you become a victim of further torture when you report, Clause 16 deals with how a vulnerable witness or a person who saw when a person was tortured should be treated. He becomes a vulnerable witness. This procedure includes the protection of the witness and the use of an intermediary. Clause 17 sets out the remedies available to victims of torture. They include reparation. How do we do reparation? How do we compensate? Above all, how do we rehabilitate that person who is a victim of torture? Clause 18 provides for an avenue to institute civil proceedings for compensation for a person who went through torture. If the person tortured feels that what the courts have granted him is not sufficient, this piece of legislation allows him to institute criminal or civil proceedings for compensation. Clause 19 places an obligation on the Cabinet Secretary (CS) in charge of justice, who in our case is the Attorney-General (AG), to develop plans and put in place programmes to ensure that we give support and assistance to victims of torture. Clause 20 provides that the court may, at the request of a victim of torture, grant an order for medical treatment. So, once they assess the person tortured, they can grant an order for medical treatment or professional counselling whose expense will be charged to the Victim Protection Trust Fund which is established under the Victim Protection Act. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}