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Tainted by Torture: Examining the Use of Torture Evidence | 2018
322
In Brazil, Article 11 of Resolution 213/2015 provides that if a person who is arrested declares that he was the victim of torture and ill-treatment or if the judicial authority
understands that there is evidence of torture, the information obtained shall be recorded, and the appropriate steps to investigate the complaint and to preserve the physical
and psychological safety of the victim shall be taken, and the victim shall be submitted to specialised medical and psychosocial care.
323
For background on the case, see Isara News, ‘NACC found misconduct and criminal charges against Sub.Lt. in Imam Yapa case’, 4 September 2015.
324
Cf. ‘Thailand: The case of Imam Yapa Kaseng’, Press Statement, Asian Human Rights Commission, 23 June 2010.
325
In Njuguna Githiru v Attorney General, Nairobi, HCCC, No. 204 of 2013, the Kenyan court declared that where torture is used to obtain evidence or in any other manner, the
petitioner is entitled to damages and compensations for the violations and contraventions of his fundamental rights and freedoms, which in this case included general
damages, exemplary damages, and moral damages on an aggravated scale pursuant to Article 23(3) of the Constitution of Kenya (2010).
326
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, General Assembly Resolution 60/147, 16 December 2005.
327
Mack-Chang v Guatemala (Merits, Reparations and Costs) Ser C no 101 (IACtHR, 25 November 2003), paras 8, 9, 11, 12.
328
Neira-Alegría v Peru (Reparations and Costs) Ser C no 29 (IACtHR, 19 September 1996), para 69.
329
UN General Assembly, Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Part II: Universal protocol for
interviews, 5 August 2016, A/71/298.
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