GUIDE ON ANTI-TORTURE LEGISLATION Amnesties, immunity, statute of limitations and other impediments Primary elements • National legislation on amnesties and immunities are to preclude torture. • National legislation is not to extend statute of limitations to the crime of torture. • Other impediments to prosecution and punishment are not to be available for cases of torture. Non-refoulement Primary elements • The principle of non-refoulement is to be reflected in national legislation. Recommended elements • National legislation is to reflect that the principle of non-refoulement applies to risks of CIDTP. Redress Primary elements • The right to redress for victims of torture is to be included in national legislation. • National legislation on the right to redress also applies to victims of CIDTP. • Forms of reparation in national legislation are to encompass restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition. • The term victim is to encompass not only the immediate victim, but also his or her family and dependants and anyone who suffered harm while assisting the immediate victim. All those victims have a right to redress to be recognised in national legislation. Recommended elements • Legislative provisions enable victims of torture to obtain civil reparation without the prior conclusion of criminal proceedings. 61