Notes
125. Michael Peel, Noam Lubell and Jonathan
Beynon, Medical Investigation and Documentation of Torture: A Handbook for
Health Professionals, Human Rights Centre, University of Essex, 2005, pp.33-34.
126. Principles on the Effective Investigation
and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment
or Punishment, at Annex I to the Istanbul
Protocol, para. 6(b).
127. Istanbul Protocol, para.95. See also Article
13 (2) of the UN Convention against Torture
provides “Steps shall be taken to ensure
that the complainant is protected against
all ill-treatment or intimidation as a consequence of his complaint or any evidence
given.”
128. Concluding Observations of the Committee
Against Torture on Sri Lanka’s state party
report, UN Doc. CAT/C/LKA/CO/2, 15 December 2005, para. 15.
129. REDRESS, Taking Complaints of Torture Seriously, Rights of Victims and Responsibilities of Authorities, November 2004, p.33.
130. General Recommendations of the Special Rapporteur on Torture, UN Doc E/
CN.4/2003/68, 17 December 2002, para.
26(k).
131. See Istanbul Protocol, Part IV.
132. Ibid., para.89.
133. Ibid., para.99.
134. Michael Peel, Noam Lubell and Jonathan
Beynon, Medical Investigation and Documentation of Torture: A Handbook for
Health Professionals, Human Rights Centre, University of Essex, 2005, p.57.
135. See articles 10 and 11 of the UN Convention
against Torture.
136. REDRESS, Taking Complaints of Torture Seriously, Rights of Victims and Responsibilities of Authorities, November 2004, p.26.
137. Ibid. p.24.
138. Concluding Observations of the Committee
Against Torture on Hungary’s State Party
Report, UN Doc. CAT/C/HUN/CO/4, 6 February 2007, para. 16(a).
139. REDRESS, Taking Complaints of Torture Seriously, Rights of Victims and Responsibilities of Authorities, November 2004, p.24.
140. See
http://www.policeombudsman.org/
howtocomplain.cfm
65
141. See, in relation to the PONI, Section 13, Police (Northern Ireland) Act 2003.
142. See for example the role of the Centre
for the Administration of Justice (CAJ) in
Northern Ireland, Liberty in the United
Kingdom and the Centre for the Study of
Violence and Reconciliation in South Africa.
143. For example, the Supreme Court of Sri
Lanka, has ordered the national authorities to carry out investigations into allegations of torture. See e.g. Abasin Banda
v. Gunaratne, SC (FR) 109/95, SCA 623/00;
SCA363/00 and V v. Mr. Wijesekara and Others, Supreme Court, Sri Lanka,. SC App No.
186/2001, 24 August 2002.
144. For a list of the different types of bodies
and mechanisms with authority to conduct
investigations that exist in various countries, see Combating Torture, page 177.
145. For more details on the findings from a
review of law and practice on the right to
reparation in different countries, see Audit
Project: A Survey of the Law and Practice
of Reparation for Torture in 30 Countries
Worldwide, REDRESS, April 2003.
146. For more information, Audit Report: A Survey of the Law and Practice of Reparation
for Torture in 30 Countries Worldwide, published by REDRESS, April 2003.
147. The principle aut dedere aut judicare (the
obligation to either extradite or prosecute)
is well established in international law. See
REDRESS’ Amicus Brief on the Legality of
Amnesties under International Law, http://
www.redress.org/casework/AmicusCuriaeBrief-SCSL1.pdf. See Universal Jurisdiction
and Torture, A Primer, available at http://
www.irct.org/Default.aspx?ID=2678
148. The former Special Rapporteur on Torture
recommended to Chile that all allegations
of Torture committed since 1973 (some covered by the Amnesty Law) should be subject of a thorough public inquiry and that
“in cases where the evidence justifies it…
those responsible should be brought to
justice”, except where the proceedings are
barred by a statute of limitations. (Question of the Human Rights of All Persons
Subjected to Any Form of Detention or
Imprisonment, in particular: Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. Report of the Special
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