Notes
Greuges in some localities in Spain” and
Rachel Neild, Confronting a Culture of Impunity, supra, p.223.
187. For further information, see Victims and
Access to Justice, A Primer, available at
http://www.irct.org/Default.aspx?ID=2678
188. In practice, to successfully pursue civil or
administrative proceedings, torture victims require a ruling by a judge in criminal proceedings as evidence that they have
suffered torture.
189. http://www.unhchr.ch/html/menu2/7/b/
torture/torquest.htm.
190. See A/RES/57/199.
69
Add.2
198. This principle does not apply for systematic or gross violations of human rights.
For more information see Reparation – A
Sourcebook For Victims Of Torture And Other Violations Of Human Rights And International Humanitarian Law, REDRESS, March
2003, available at http://www.redress.org/
publications/SourceBook.pdf (REDRESS’
Sourcebook on Reparation).
199. Ibid.
200. Assenov & Others v. Bulgaria, supra.
201. Veznedaroglu v. Turkey (2001) 33 E.H.R.R.
59 ECHR, paras. 32 et seq.
191. Under Article 20 of the United Nations
Convention against Torture there is also
an inquiry procedure that allows the Committee against Torture to look into allegations of “systematic practice” of torture
in a State Party to the Convention, with a
possibility of visiting the country, unless
that State Party has formally declared that
it does not recognise the Committee’s competence to do so. However this procedure is
not preventative but “reactive”, since the
Committee can only visit the county after
allegations of systematic torture have been
made.
202. See Boyle and Rice v. United Kingdom (1988)
10 E.H.R.R 425 ECHR: “The Court does not
think that it should give an abstract definition of the notion of arguability. Rather
it must be determined, in the light of the
particular facts and the nature of the legal
issue or issues raised[...]” See also, McCallum v. United Kingdom (1991) 13 E.H.R.R.
597.
192. See http://www.ohchr.org/english/bodies/
cat/opcat/index.htm.
204. Toteva v. Bulgaria, supra, para. 62; Tanrikulu v. Turkey (2000) 30 E.H.R.R. 950
ECHR. See also the negative conclusion as
to arguability in Kurt v. Turkey (1999) 27
E.H.R.R. 373 ECHR: “It is to be observed in
this regard that the applicant’s case rests
entirely on presumptions deduced from the
circumstances of her son’s initial detention
bolstered by more general analyses of an
alleged officially tolerated practice of disappearances and associated ill-treatment
and extra-judicial killing of detainees in
the respondent State. The Court for its part
considers that these arguments are not in
themselves sufficient to compensate for
the absence of more persuasive indications
that her son did in fact meet his death in
custody.” (para 108) (the Court found violations of Article 13 and Article 3 as regards
the complainant’s suffering for lack of information as to her son’s whereabouts and
the state’s disregard of her complaint but
held there was insufficient information to
conclude that a violation of Article 3 had
occurred as regards her son).
193. For more information on the mandate of the
Special Rapporteur on Prisons and Conditions of Detention in Africa and the Special
Rapporteur on Extra-Judicial Executions in
Africa, see Section 5.3 in Reporting Killings
as Human Rights Violations Handbook by
Kate Thompson and Camille Giffard, Human Rights Centre, Essex University, UK.
194. The Torture Reporting Handbook by Camille Giffard, Human Rights Centre, Essex
University, UK, 2000.
195. See Arts 75 and 79 of the Rome Statute of
the International Criminal Court, 2187
U.N.T.S. 90
196. See REDRESS, Bringing the International
Prohibition of Torture Home: National Implementation Guide for the UN Convention
Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment,
January 2006, pp.94 et seq.
197. See 4th Periodic Report to the Committee Against Torture, 27/05/2005 CAT/C/61/
203. Veznedaroglu v. Turkey, supra, paras.34 et
seq. Assenov & Others v. Bulgaria, supra,
para 101. See also Toteva v. Bulgaria, Application no. 42027/98, Judgment of 19 May
2004, para.61.
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