56 Tainted by Torture: Examining the Use of Torture Evidence | 2018 VII.2.1 Restitution VII.2.3 Compensation The purpose of restitution is to restore the victims to the situation they were in before any violation occurred. Yet the concept of restoring the victim to the situation which pre-dated the violation (often a situation of marginalisation) will not always align with other goals of guarantees of non-recurrence, which has led some to call for reparation with transformative potential.313 Whilst monetary compensation alone cannot be regarded as adequate redress for a victim of torture it is nevertheless an important component of reparation given the real and significant harms suffered by victims. Compensation is understood to cover any economically assessable damage stemming from the violation. Some countries have adopted specific laws to enable victims of torture to claim compensation through special administrative procedures or through the courts. The amount of recoverable compensation can vary significantly from one country to another and in many cases is inadequate when compared to the harm suffered. ‘It is invalid the extrajudicial confession obtained through torture duly proven. The defendant shall be acquitted when there is not enough judicial evidence for conviction, being the conviction evidence collected during the police investigation tainted by torture […]. The defendant’s acquittal in a judicial proceeding tainted by torture is a matter of justice’.318 VII.2.2 Rehabilitation Rehabilitation is a key form of reparation for torture survivors. Article 14 of the UN Convention Against Torture specifically provides that a victim of torture must have ‘the means for as full rehabilitation as possible’.319 The concept is understood to include medical and psychological care,320 as well as legal and social services.321 To be effective, rehabilitation should be tailored to the specific needs of a given victim. Few of the countries surveyed set out clear pathways for rehabilitation of torture victims, whether through legislation or practical service delivery through national health services. Often, access to rehabilitation is through non-governmental organisations with the state only stepping in if it is ordered to do so through a criminal or administrative process However, there are exceptions to this.322 IMAM YAPA KASENG323 In 2008 muslim cleric, Imam Yapa Kaseng, died as a result of the torture he suffered in military custody in southern Thailand. According to the post-mortem: ‘The cause of death is being physically abused by military officers until the ribs broke and pneumothorax was sustained on his right chest during the time the deceased was held in custody by the military officers who were competent officials’.324 Yapa Kaseng’s wife and children filed a civil tort claim against the Ministry of Defence, the Royal Thai Army and the Royal Thai Police. The case reached settlement in 2011 with two of the three defendants agreeing to compensate Yapa Kaseng’s family in the amount 5,211,000 Thai Baht (approximately USD 160,000). How a compensation claim is pursued will also depend on the legal culture in the countries concerned. In civil law countries, it is most common for victims to engage in the criminal procedure as ‘parties civiles’ and for compensation claims to be pursued against individual perpetrators following a conviction through the adhesion procedure. In common law countries, compensation claims tend to be pursued through fundamental rights petitions before constitutional courts325 or through the institution of a separate civil action. VII.2.4 Satisfaction Satisfaction includes key components of justice for victims such as verification of the facts, public acknowledgement of wrongdoing, apology and acceptance of responsibility, full disclosure of the truth, commemorative activities, as well as other CASE STUDY For human rights violations, restitution has been ordered to vacate arrest warrants,314 expunge criminal records,315 release individuals from prison,316 or issue stays of execution in death penalty cases.317 Whilst it is impossible to ‘undo’ torture, it is possible to undo the legal weight of a confession which was procured through torture. The exclusionary rule is a form of restitution in that it is intended to ‘undo’ the impact of the wrong. A Brazilian Appellate Court has underscored: