Chapter 8 – Redress
Relevant Article from the United Nations Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment:
Article 14
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.
27. The Convention requires States parties to enact legislation
recognising a right to redress for victims of torture
The Committee’s General Comment N°3 explains and clarifies the content and
scope of the obligations for States parties under article 14 of the Convention
against Torture. In order to respect their obligations under the Convention, “States
parties shall enact legislation and establish complaints mechanisms, investigation
bodies and institutions (…)”.175 The right to redress is composed of a procedural
and a substantive part.176 Legislation needs to provide victims of torture with
an effective remedy (procedural part) and reparation (substantive part). The
UN Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law also provide important guidance.177
In Equatorial Guinea, the law on the Prevention and Sanctions of Torture provides
reparation and a right to compensation and rehabilitation to victims of torture and
cruel, inhuman and degrading treatment or punishment.178
In Madagascar, the anti-torture law provides for a right to reparation for victims of
torture.179
178
179
175
Ibid, § 5.
176
CAT, General Comment N°3, op. cit. 11, §§ 2 and 5.
Article I(2) of the Basic Rules provides that: “If they have not already done so, States shall, as required
under international law, ensure that their domestic law is consistent with their international legal
obligations by: (a) Incorporating norms of international human rights law and international humanitarian
law into their domestic law, or otherwise implementing them in their domestic legal system; (b) Adopting
appropriate and effective legislative and administrative procedures and other appropriate measures that
provide fair, effective and prompt access to justice; (c) Making available adequate, effective, prompt
and appropriate remedies, including reparation, as defined below; (d) Ensuring that their domestic
law provides at least the same level of protection for victims as that required by their international
obligations.” Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005.
177
Equatorial Guinea, Law on the Prevention and Sanctions of Torture of 2006, op. cit. 74, article 10.
178
Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants,
op. cit. 22, article 21.
179
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