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Titre | Date ajouter | Modèle | Organe | Status juridique | Type de document | Année | Code du document | Document | Paragraph text | Thematics | Thèmes | Personnes concernées | Année |
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Implementation of article 14 by States parties 2012, para. 28 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee strongly encourages States parties to recognize the Committee's competence to consider individual complaints under article 22 to allow victims to submit communications and seek the views of the Committee. The Committee furthermore encourages States parties to ratify or accede to the Optional Protocol to the Convention against Torture in order to strengthen preventive measures against torture and ill-treatment. |
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| 2012 | ||||
Implementation of article 2 by States parties 2008, para. 2 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Article 2, paragraph 1, obliges each State party to take actions that will reinforce the prohibition against torture through legislative, administrative, judicial, or other actions that must, in the end, be effective in preventing it. To ensure that measures are in fact taken that are known to prevent or punish any acts of torture, the Convention outlines in subsequent articles obligations for the State party to take measures specified therein. |
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| 2008 | ||||
Implementation of article 14 by States parties 2012, para. 12 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2012 | ||||
Implementation of article 2 by States parties 2008, para. 10 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2008 | ||||
Implementation of article 14 by States parties 2012, para. 26 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim's claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 34 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 41 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee has consistently held that amnesties for the crime of torture are incompatible with the obligations of States parties under the Convention, including under article 14. As was pointed out in general comment No. 2, "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." The Committee considers that amnesties for torture and ill-treatment pose impermissible obstacles to a victim in his or her efforts to obtain redress and contribute to a climate of impunity. The Committee therefore calls on States parties to remove any amnesties for torture or ill-treatment. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46f | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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 domestic legislation which provides victims of torture or ill-treatment with the right to remedy and redress, and relevant implementation measures taken by the State party. Where such legislation is lacking, reports should include information on the measures taken by the State party to adopt and implement such legislation. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46a | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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; |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46l | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46h | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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. |
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| 2012 | ||||
Implementation of article 2 by States parties 2008, para. 7 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence. |
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| 2008 | ||||
Implementation of article 14 by States parties 2012, para. 5 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The obligations of States parties to provide redress under article 14 are two-fold: procedural and substantive. To satisfy their procedural obligations, States parties shall enact legislation and establish complaints mechanisms, investigation bodies and institutions, including independent judicial bodies, capable of determining the right to and awarding redress for a victim of torture and ill-treatment, and ensure that such mechanisms and bodies are effective and accessible to all victims. At the substantive level, States parties shall ensure that victims of torture or ill-treatment obtain full and effective redress and reparation, including compensation and the means for as full rehabilitation as possible. |
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| 2012 | ||||
Implementation of article 2 by States parties 2008, para. 20 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2008 | ||||
Implementation of article 2 by States parties 2008, para. 5 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2008 | ||||
Implementation of article 14 by States parties 2012, para. 4 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 7 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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). |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 30 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46k | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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. |
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| 2012 | ||||
Implementation of article 2 by States parties 2008, para. 6 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee reminds all States parties to the Convention of the non-derogable nature of the obligations undertaken by them in ratifying the Convention. In the aftermath of the attacks of 11 September 2001, the Committee specified that the obligations in articles 2 (whereby "no exceptional circumstances whatsoever…may be invoked as a justification of torture"), 15 (prohibiting confessions extorted by torture being admitted in evidence, except against the torturer), and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) are three such provisions that "must be observed in all circumstances". The Committee considers that articles 3 to 15 are likewise obligatory as applied to both torture and ill-treatment. The Committee recognizes that States parties may choose the measures through which they fulfill these obligations, so long as they are effective and consistent with the object and purpose of the Convention. |
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| 2008 | ||||
Implementation of article 2 by States parties 2008, para. 13 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee's recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment. |
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| 2008 | ||||
Implementation of article 2 by States parties 2008, para. 19 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State's obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3. |
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| 2008 | ||||
Implementation of article 14 by States parties 2012, para. 6 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 14 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | 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. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 44 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Voluntary contributions to international funds for victims of torture play an important role in providing assistance to them. The Committee highlights the important work done by the United Nations Voluntary Fund for Victims of Torture, which provides humanitarian assistance to victims of torture. The Committee highlights also the possibility for States parties to make voluntary contributions to this fund, irrespective of the national measures taken or contributions made. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46d | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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 methods available for assessing the effectiveness of rehabilitation programmes and services, including the application of appropriate indicators and benchmarks, and the result of such assessment; |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 46n | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | [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 safeguards available for the special protection of members of marginalized or vulnerable groups, including women and children seeking to exercise their rights guaranteed under article 14 of the Convention. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 35 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee considers the training of relevant police, prison staff, medical personnel, judicial personnel and immigration personnel, including training on the Istanbul Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and personnel involved in efforts to obtain redress should receive methodological training in order to prevent re-traumatization of victims of torture or ill-treatment. This training should include, for health and medical personnel, the need to inform victims of gender-based and sexual violence and all other forms of discrimination of the availability of emergency medical procedures, both physical and psychological. The Committee also urges States parties to establish human rights offices within police forces, and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 42 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims. |
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| 2012 | ||||
Implementation of article 14 by States parties 2012, para. 29 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee highlights the importance of the State party affirmatively ensuring that victims and their families are adequately informed of their right to pursue redress. In this regard, the procedures for seeking reparation should be transparent. The State party should moreover provide assistance and support to minimize the hardship to complainants and their representatives. Civil proceedings, or other proceedings, should not impose a financial burden upon victims that would prevent or discourage them from seeking redress. Where existing civil proceedings are unable to provide adequate redress to victims, the Committee recommends implementing mechanisms that are readily accessible to victims of torture and ill-treatment, including the establishment of a national fund to provide redress for victims of torture. Special measures should be adopted to ensure access by persons belonging to groups which have been marginalized or made vulnerable. |
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| 2012 |