Article 2. Obligation to Prevent Torture
87
3.1.2.6 Providing Redress
44 In the landmark decision Guridi v Spain the Committee confirmed the broad interpretation that even Article 14, which provides for the right of torture victims to redress, can be interpreted as a measure aimed at preventing torture in the future. The
Committee found a violation of Article 2 of the Convention because members of the
Civil Guard who were convicted for torture and were sentenced to more than four years
of imprisonment and payment of compensation were later pardoned by the Government
and the King of Spain.106 The Committee also clarified that States need to exercise due
diligence to intervene and stop, sanction, and provide remedies to victims of torture in
order not to let non-State actors get away with impunity.107
3.1.2.7 Independence of the Judiciary and Access to Justice
45 The Committee has called upon States to ensure the full independence and impartiality of the judiciary in accordance with relevant international standards, such as the
Basic Principles on the Independence of the Judiciary, and make sure they can operate
free from any interference from the executive.108 This inter alia means that the selection,
appointment, compensation, tenure, and dismissal need to comply with objective criteria
such as qualification, integrity, ability, and efficiency.109 Dismissal of judges has to be in
line with the Basic Principles on the Independence of the Judiciary and the Bangalore
Principles of Judicial Conduct.110 To this end, States parties should provide the judiciary
with the necessary human, technical, and financial resources.111 Also, rules of procedures
of courts should be defined by the State party and an independent disciplinary body
established.112 Victims of torture and ill-treatment should have access to justice, with
States parties having to ensure that the judiciary is capable of addressing impunity and
providing redress in accordance with the Convention.113 States parties should ensure that
security forces comply with court orders.114 The Committee also emphasized the importance of a gender sensitive judiciary, eg by recommending to Saudi Arabia the appointment of women judges.115
3.1.2.8 Combating Trafficking, Sexual, and Gender-based Violence, Including
Domestic Violence and Violence against Children, Persons with Disabilities,
and Other Groups in Situations of Vulnerability
46 The Committee, as well as the UNSRT, have stipulated that sexual violence can
constitute a form of torture.116 According to the Committee, States parties should ‘redouble their efforts’ to prevent and combat violence against women, including femicide,
gender-based murders, disappearances, rape and sexual harassment, violence against
Guridi v Spain, No 212/2002 (n 39). See below Art 14 for more details.
CAT/C/GC/2 (n 1) para 18.
108
CAT/C/MRT/CO/1 (n 60) para 15, CAT/C/MDA/CO/2 (n 75) para 11, CAT/C/SAU/CO/2 (n
81) para 22,
109
CAT, ‘Concluding Observations: Serbia’ (2009) UN Doc CAT/C/SRB/CO/1, para 8.
110
CAT/C/ARM/CO/3 (n 72) para 17. CAT/C/BLR/CO/4 (n 72) para 12, CAT/C/MNE/CO/2 (n
72) para 10.
111
112
CAT/C/MRT/CO/1 (n 60) para 15.
CAT/C/SRB/CO/1 (n 109) para 8.
113
CAT/C/SAU/CO/2 (n 81) para 22, CAT/C/MOZ/CO/1 (n 97) para 11.
114
CAT, ‘Concluding Observations: Nepal’ (2007) UN Doc CAT/C/NPL/CO/2, para 16.
115
CAT/C/SAU/CO/2 (n 81) para 22.
116
CAT/C/BLR/CO/4 (n 72) para 20. The SRT has confirmed this assessment: A/HRC/31/57, paras 51
and 55.
106
107
Zach
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