ANNEX – International and regional human rights systems
49
II. INTERNATIONAL REMEDIAL AVENUES
When domestic remedies fail to provide
prompt and adequate redress to torture victims, States commit a new violation under
international law independent of the substantive (torture) infringement, namely, a
breach to the international duty to afford
reparation. It is at this moment that States
become liable under international law and
victims may seek reparation at an international forum.
There is currently no general international
human rights court where individuals can
bring claims against States, so the forum
varies depending on the international remedies available in each country. States have to
agree to the jurisdiction of an international
court or body specifically allowing individuals injured under their jurisdiction to bring
challenges against them. There are regional
human rights mechanisms like the European, Inter-American and African systems and
universal (UN) human rights bodies, like the
Human Rights Committee or the Committee
Against Torture. The International Criminal
Court (ICC) does strictly speaking not form
part of the international human rights system as it deals with individual liability for
international crimes rather than state responsibility. It is nevertheless extremely
important, being the first permanent international court that has jurisdiction to
investigate international crimes, namely
genocide, crimes against humanity and war
crimes, and to prosecute and punish those
responsible. In an important innovation,
the Rome Statute of the ICC allows victims
to participate in proceedings to make their
views and concerns heard and to claim reparation, either from the individual perpetra195
tor or through the Victims’ Trust Fund.
Human rights systems are mechanisms that
monitor States’ compliance with specific
human rights conventions: for example the
European Court of Human Rights monitors
compliance of state parties to the European
Convention on Human Rights or the UN Human Rights Committee monitors state compliance the International Covenant on Civil
and Political Rights (ICCPR). The way they
monitor state compliance with their conventional obligations is through reports that
states parties are obliged to submit periodically to the treaty body concerned and indi196
vidual complaints procedures.
Some of these complaints procedures do
offer a remedy for victims of torture, for
example the European, African and InterAmerican Courts of Human Rights have the
power to order the State to afford reparation
directly to the victims, however the African
Commission on Human and Peoples Rights,
or the UN Human Rights Committee and
Committee Against Torture can only recommend to the State to provide reparation to
the victims. But even if States do not comply
with these recommendations, victims may
still find that a decision recognising their
suffering and the wrong done to them is a
form of satisfaction.
Regional and international human rights
bodies can also play an important role in
fostering a domestic human rights culture
and in furthering domestic implementation
of international standards relating to the
prevention, accountability and reparation
for torture. A prominent example is the Inter-American Court of Human Rights whose
jurisprudence has prompted a series of legislative, institutional and practical changes
on the domestic level, including, e.g., significant progress in the abolishment of amnesty laws in Peru.197
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