GUIDE ON ANTI-TORTURE LEGISLATION
29. The Committee considers that States parties are to ensure
forms of reparation that include restitution, compensation,
rehabilitation, satisfaction, and guarantees of non-repetition
The right to means of reparation is the substantive aspect of the right to redress
and includes several forms of reparation.188 In terms of States’ obligations,
General Comment N°3 reminds State parties that full redress includes five
forms of reparation: restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition. States shall provide for all these forms of reparation
in legislation.189
Restitution: this form of reparation is intended to place the victim in the situation
before the violation took place.190
Compensation: States shall provide for monetary compensation, for the damage
and loss suffered by the victim.191 Monetary compensation alone is not a sufficient
mean for redress. Examples of compensation include: reimbursement of medical
expenses, pecuniary and non-pecuniary damage resulting from the damage and
loss caused, legal or specialist assistance for the victims, etc.192
Rehabilitation: Rehabilitation should “aim to restore, as far as possible, their
independence, physical, mental, social and vocational ability; and full inclusion and
participation in society.” 193 Rehabilitation should be holistic and include medical
and psychological care, as well as legal and social services. States should adopt
measures to make sure that adequate and effective rehabilitation is available to
victims.194
Satisfaction: This form of redress provides for judicial and non-judicial measures
taken by States to recognise that human rights violations occurred. It includes
investigation and prosecution as seen in sections 17 and 18 of this document. Other
measures that can be taken by States include a public apology by the perpetrator
or the State; the search, recovery, identification and burial of the bodies of dead
victims of torture and ill-treatment; commemorations and tributes, etc.195
Guarantees of non-repetition: they are part of the right to redress but they are also
included in specific obligations to prevent torture in the Convention (articles 1 and
16). States are therefore required, when implementing the Convention, to respect
those obligations and to take a number of measures to make sure that torture will
not take place in the future. They can decide to include some of those measures
in anti-torture legislation. The Committee gives a number of measures that States
can adopt: training of law enforcement officials, military and Judiciary on human
rights and the prohibition of torture more specifically (including on the Istanbul
Protocol); strengthening the independence of the judiciary; establish a system of
188
CAT, General Comment N°3, op. cit. 11, §§ 2 and 5.
189
Ibid, § 6.
190
Ibid, § 8.
191
Ibid, § 9.
192
Ibid, § 10.
193
Ibid, § 11.
194
Ibid, §§ 13 to 15.
195
Ibid, §§ 16 and 17.
55
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