58 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.