Overview of main observations of five years fact-finding and research 2010, para. 57
Paragraph- Paragraph text
- As torture often leaves indelible traces on the body - or in the minds - of the victims, reparation can almost never be complete. However, article 14 of the Convention against Torture requires each State party to ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full a rehabilitation as possible. This is a specific manifestation of the general right of victims of human rights violations to a remedy and adequate reparation, as laid down in various international and regional human rights treaties and should also apply to victims of other forms of cruel, inhuman or degrading treatment or punishment. Consequently, reparation has to encompass several aspects. What victims perceive as fair and adequate reparation for the ordeals they had to endure may differ from case to case. In the Special Rapporteur's experience, victims of torture are not primarily interested in monetary compensation, but in having their dignity restored. Public acknowledgment of the harm and humiliation caused and the establishment of the truth together with a public apology may often provide greater satisfaction than monetary compensation. For many torture survivors, justice is only perceived as such when criminal prosecution has lead to an appropriate punishment of the perpetrators. Most victims of torture are in urgent need of long-term medical and psychological rehabilitation in specialized treatment centres where they feel secure. The amount of monetary compensation must therefore include any economically assessable damage, such as the costs of long-term rehabilitation measures and compensation for lost opportunities, including employment, education and social benefits. In addition to reparation tailored to the needs of the individual victim, States are also obliged to adopt more general guarantees of non-repetition, such as taking resolute steps to fight impunity through, for example, the revision of amnesty laws, the establishment of independent investigation units or promotion of the observance of codes of conducts for law enforcement officials.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 57
sorted by
Date added
41 relationships, 41 entities