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.
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