Overview of anti-torture legislation in Latin America and the Caribbean the direct victim and to any other person who may have suffered as a consequence.105 A number of other laws in Argentina have supported the right of persons to a remedy.106 In Bolivia, Article 113 of the Constitution stipulates the right to reparation and the right to compensation. In 2004, Bolivia enacted Act N° 2640 which provided special compensation for victims of political violence during periods of unconstitutional government. In 2013, Bolivia enacted Act N° 464 to create the plurinational service for the assistance of victims of crime.107 In 2016, a bill was promulgated creating a commission of truth to investigate cases of enforced disappearance, torture, arbitrary detentions and sexual violence committed in Bolivia during the period 1964-1982.108 In Brazil, the main laws regarding reparations are Act N° 9.140 /1995; this act was modified by the Act N° 10.559 /2002 and Act N° 10.875/2004. In 1995, Brazil enacted Act N° 9.140 in which it recognized its responsibility for acts of torture that took place during the time of the military regime. This Act also created the Special Commission on Political Deaths and Disappearances which published its final report in 2007.109 The Federal Act N° 10.559/2002, known as the Legal Regime of Politically Amnestied contained two procedural steps to comply with the constitutional reparation mandate: first the declaration of political amnesty contingent on an examination of the facts and provisions in cases of persecution. The second step was the granting of financial reparation.110 The reparation commissions were created between 1995 and 2002, for instance the Amnesty Commission, which was formed in 2001, aimed to offer reparation to victims by the acts of exception for instance, torture.111 In Chile, every offence is followed up by a criminal proceeding in order to investigate the punishable act and punish the person responsible for it, as well as civil proceedings to provide redress for the civil consequences of the offence.112 In practice, the Code of Criminal Procedure provides that the prosecutor might promote, during the criminal proceeding, mechanisms which facilitate redress for victims. 113 This duty is separate from the civil claim that the victim may bring against the perpetrators. The Code also allows the victim to file a civil action for restitution.114 In 1992, Law No. 19.123 created the Chilean National Corporation for Reparation and Reconciliation. Its role was to coordinate, implement and promote the actions necessary to comply with the recommendations contained in the report of the National Commission of 105 Article 1.079 Civil Code of Argentina. Law 23,466 provided pensions for families of persons disappeared; Law 24,043 provided compensatory damages for persons who were arrested on orders from the National Executive Power. 107 Act N° 464 (19 December 2013) available at: http://sepdavi.justicia.gob.bo/arc/Ley%20464.pdf. 108 Act N° 879 Law of the Commission of Truth (23 December 2016). 109 IACHR, Report N° 80/12 Petition P 859-09 Vladimir Herzog et al Admissibility Brazil (8 November, 2012) 110 Abrao, Paulo and D. Torelly, Brazil´s Persistent Amnesty and its Alternatives for Truth and Justice, Cambridge University Press (2012) p.155. 111 Ibid. 112 ICRC, Customary IHL Chile, available at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_cou_cl_rule150. 113 Article 6 Code of Criminal Procedure of Chile. 114 Article 59 Code of Criminal Procedure of Chile. 106 20

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