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Implementation of article 14 by States parties 2012, para. 24
- Paragraph text
- At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 14
- Paragraph text
- The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 17
- Paragraph text
- A State's failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State's obligations under article 14.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 4
- Paragraph text
- The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 46h
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 46k
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 20
- Paragraph text
- To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 5
- Paragraph text
- Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 19
- Paragraph text
- Under article 2 of the Convention, States parties shall enact "effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." As clarified by the Committee in its general comment No. 2, "States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4." The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim's capacity to access and enjoy his or her rights guaranteed under article 14.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 10
- Paragraph text
- The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 26
- Paragraph text
- The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 7
- Paragraph text
- Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 12
- Paragraph text
- The Committee emphasizes that the obligation of States parties to provide the means for "as full rehabilitation as possible" refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 9
- Paragraph text
- The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 23
- Paragraph text
- The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties' fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 38
- Paragraph text
- States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 21
- Paragraph text
- States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 46g
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 13
- Paragraph text
- In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals' therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Families
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 27
- Paragraph text
- Under article 14, a State party shall ensure that victims of any act of torture or ill-treatment under its jurisdiction obtain redress. States parties have an obligation to take all necessary and effective measures to ensure that all victims of such acts obtain redress. This obligation includes an obligation for State parties to promptly initiate a process to ensure that victims obtain redress, even in the absence of a complaint, when there are reasonable grounds to believe that torture or ill-treatment has taken place.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 46l
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 3
- Paragraph text
- Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term "victim" also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term "survivors" may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term "victims" without prejudice to other terms which may be preferable in specific contexts.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Families
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 22
- Paragraph text
- Under the Convention, States parties are required to prosecute or extradite alleged perpetrators of torture when they are found in any territory under its jurisdiction, and to adopt the necessary legislation to make this possible. The Committee considers that the application of article 14 is not limited to victims who were harmed in the territory of the State party or by or against nationals of the State party. The Committee has commended the efforts of States parties for providing civil remedies for victims who were subjected to torture or ill-treatment outside their territory. This is particularly important when a victim is unable to exercise the rights guaranteed under article 14 in the territory where the violation took place. Indeed, article 14 requires States parties to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 30
- Paragraph text
- Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party's failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims' ability to lodge complaints and to seek redress, compensation and rehabilitation.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 37
- Paragraph text
- A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State's level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 46a
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts;
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 4
- Paragraph text
- States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee's concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee's understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Personas afectadas
- All
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo
Implementation of article 14 by States parties 2012, para. 6
- Paragraph text
- As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines). Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
Implementation of article 2 by States parties 2008, para. 20
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for "any reason based on discrimination of any kind…". The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- N.A.
- Año
- 2008
- Tipo de párrafo
- Other
Párrafo