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
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