PART B – International standards in the Istanbul Protocol 39 V. INTERNATIONAL STANDARD ON RIGHT TO AN EFFECTIVE REMEDY AND ADEQUATE REPARATIONS FOR VICTIMS OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT The right to reparation for victims of torture and cruel, inhuman or degrading treatment and punishment is well-established: it is a fundamental principle of general international law that the breach of an international obligation entails the duty to afford repara161 tion. The prohibition to commit torture is an obligation of all States under general international law, and therefore, if breached, a new international duty to afford reparation arises independent of any treaty obligation. Under international law: “Reparation must, as far as possible, wipe-out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed”.162 In other words, reparation for torture must be adequate/appropriate; that is proportional to the harm suffered and should as far as possible restore the life and dignity of the torture victim. For example, the Human Rights Committee established that although compensation may differ from country to country, adequate compensation excludes purely “symbolic” amounts of compensation.163 According to the 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, the forms that reparation may take include: restitution, compensation, rehabilitation and satisfaction and guarantees of non-repetition. 164 1. FORMS OF REPARATION Restitution This form of reparation consists of re-establishing the status quo ante, i.e. the situation that existed prior to the occurrence of the wrongful act. Although it is generally not possible to “undo” the pain and suffering caused by human rights violations, certain aspects of restitution might be possible – such as restoring an individual’s liberty, enjoyment of human rights, identity, family life and citizenship; return to one’s place of residence; restoration of employment and return of property.165 Compensation The role of compensation is to fill in any gaps so as to ensure full reparation for the damage suffered (as long as the damage is financially assessable).166 The Inter-American Court held, in the Velásquez Rodríguez Case that “it is appropriate to fix the payment of ‘fair compensation’ in sufficiently broad terms in order to compensate, to the extent possible, for the loss suffered.”167 Awards of compensation encompass material losses (loss of earnings, pension, medical expenses, etc) and non-material or moral damage (pain and suffering, mental anguish, humiliation, loss of enjoyment of life and loss of companionship or consortium), the latter usually quantified on the basis of an equitable assessment.