take all necessary steps to ensure that those responsible for using such methods are brought to justice’.775 U. Sentencing 152. There are no international sentencing principles but a consistency in approach has been called for by some international bodies.776 153. Various factors may be taken into account in sentencing including self defence, whether the defendant was provoked and whether their response was proportionate, distress and mental capacity.777 It has also been recommended that governments consider restitution to victims as a sentencing option.778 154. International human rights law protects against retrospective criminal penalties. This is an absolute right. It protects individuals from being convicted of criminal offences which did not exist at the time the act was committed, and prohibits the imposition of a more severe penalty for an offence than that which applied at the time the offence was committed. As an absolute right, it may not be derogated from even in time of national emergency or war. 155. An individual should not be imprisoned for failure to fulfil a contractual obligation.779 156. Protection from inhuman and degrading treatment will also be relevant in the sentencing process. This will include the nature of the punishment and reference will be made not only to acts that may cause physical but also mental suffering.780 While corporal punishment is unacceptable,781 hard labour may be permitted.782 V. Compensation 157. In the event of a miscarriage of justice, Article 14(6) ICCPR and Article 19(2) of the Arab Charter provide for the rights of individuals to compensation in the event of ‘innocence established by a final judgment’, or, in the case of the ICCPR, 783 where:  a person has by a final decision been convicted of a criminal offence; 775 UN Guidelines on the Role of Prosecutors, adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, para 16. 776 See e.g. in Europe, Council of Europe Recommendation R(92)17 on Consistency in Sentencing. 777 Communication 1077/2002, Ibao v Philippines , 28 March 2003. 778 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, UN Doc GA Res 40/34 (1985). 779 Article 11 ICCPR; Article 18 Arab Charter. See also Human Rights Committee Communication 91/1981, A. R. S. v Canada, UN Doc CCPR/C/OP/1 at 29 (1984), para 7; Communication 1333/2004, Ràfols v Spain, UN Doc CCPR/C/84/D/1333/2004 (2005). 780 General Comment No.20, HRI/GEN/1/Rev.6 at 151 (2003) para 5. Article 10(1) ICCPR. 781 Tyrer v UK, European Court, 25 April 1978. 782 Human Rights Committee Communication 1036/2001, Faure v Australia, 31 October 2005. 783 Article 14(6) ICCPR. 127