Overview of anti-torture legislation in Latin America and the Caribbean
if the judge identifies that evidence was obtained under torture he/she must file a complaint
to the prosecutor´s office.102
V.
Accountability and remedies
a. Redress
Article 14 of the UNCAT
1. Each State Party shall 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
rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his
dependants shall be entitled to compensation.
2. Nothing in this article shall affect any right of the victim or other persons to compensation which may
exist under national law.
The constitutions, criminal codes and relevant legislation
of all the Latin American States covered by this research
contain one or more provisions on redress. It is worth
mentioning that some of these provisions are not torture
specific but they nonetheless benefit victims of torture to
receive appropriate redress. Even though States shall
provide for all forms of reparation in legislation, these
forms vary from one State to another.
Most Caribbean States provide for remedies for human
rights violations in their national constitutions, which
would also be applicable to victims of torture in those
States that contain a constitutional provision against
torture. In addition, Antigua and Barbuda, in copying the
entirety of the UNCAT into the schedule to its Suppression
of Torture Act, has also incorporated article 14.
The
Criminal
condemnatory
Code
of
sentence
Argentina
may
order
provides
for
that
APT/CTI Guide on anti-torture
legislation
Page: 73
Primary elements
The right to redress for victims
of torture is to be included in
national legislation.
Forms of reparation in national
legislation are to encompass
restitution, compensation,
rehabilitation, satisfaction and
guarantee of non-repetition.
The term victim is to encompass
not only the immediate victim,
but also his or her family and
dependents.
restitution,
compensation for moral damage and the payment of litigations costs for victims of crime. 103
Victims and their families could pursue criminal prosecutions for human rights abuses
through the initiation of a criminal procedure.104 The Civil Code of Argentina provides that
the perpetration of any crime gives rise to an obligation to repair the damages caused to
102
Article 53 of the General Law to Prevent, Investigate and Punish Torture (2017).
Article 29 Criminal Code of Argentina (article included in 1999 through Act N° 25. 188) available at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60847/texact.htm.
104
Article 174 Criminal Procedure Code of Argentina.
103
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