Overview of anti-torture legislation in Latin America and the Caribbean
Truth and Reconciliation.115 In 2004, Law No. 19.992 was passed, which established an
administrative reparation program for victims listed in the Valech Commission. The
reparation measures include “a monthly pension or a one-time bonus payment if the person
is already the beneficiary of other reparations, access to health services for the victim and
his or her next of kin and, access to education or for one of their grandchildren to apply for
a special scholarship”.116
In 2007, the CAT highlighted the establishment of the National Commission on Political
Prisoners and Torture in Chile. One of the main duties of the Commission was to propose to
the President of the Republic forms and modes of reparation that could be granted to
torture victims.117
In 2013, Ecuador adopted the Act on Victims Redress and the Prosecution of Grave Human
Rights Violations and Crimes against Humanity that Occurred in Ecuador between 4 October
1983 and 31 December 2008.
In 2003, Guatemala approved the Executive Decree 258-2003, which created the National
Reparations Program, as an agency responsible for providing redress to the victims of the
armed conflict. In 2014, the State reported to the IACHR through this program Guatemala
has spent approximately USD 94 million, mainly in economic compensation. 118
In the Criminal Procedure Code of Honduras, civil action for compensation is independent
from criminal procedure.119 In Article 432 the Code allows the victim and his/her successors
to demand restitution and compensation.120 As at 2016, a bill on comprehensive
compensation for victims of human rights violations in Honduras is pending. This bill was
submitted to the Congress first on 26 May 2010 and later, in December 2013 by the Ministry
of Human Rights, Justice.121
The Constitution of Mexico provides that in criminal proceedings, the prosecutor will have
the obligation to request reparation. The victim and the defendant are able to demand
reparations directly. In 2013, Mexico enacted the General Victims Act (amended in January
2017), which guarantees the right to redress of victims of human rights violations, including
torture and ill-treatment. The Act created the National Victims Assistance System.122
115
Shelton, Dina Remedies in International Human Rights Law, Oxford (2015) p. 125.
Chile, Act N° 19.992, (1992).
117
CAT, Addendum of the fifth periodic reports of States parties due in 2005 Chile, UN DOC CAT/C/CHL/5 § 71-72.
118
IACHR, Situation of Human Rights in Guatemala (31 December 2015) § 446.
119
Article 25 Criminal Procedure Code of Honduras.
120
Article 432 Criminal Procedure Code of Honduras.
121
CAT, Concluding observations on the second periodic report of Honduras, UN DOC CAT/C/HND/CO/2 §41.
122
HRC, Report of the Special Rapporteur on torture Addendum Mission to Mexico, UN DOC A/HRC/28/68/Add 3 ( 29
December 2014).
116
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents