– – – – – – It is recommended to invest in strategic litigation to ensure that countries are obliged to assess risks comprehensively – which should be equated to considerations of non-refoulement; Clear standards with respect to assessing risk must be set; Lawyers need special training in order to apply the possibilities of international protection such as the principle of non-refoulement; The risk assessment should be conducted by independent mechanisms; The return of a trafficked person should be monitored in order to ensure that the person is not at risk of being tortured or ill-treated; A resource guide containing international human rights standards and practices with regard to the return of trafficked persons must be drafted for State actors and civil society.158 Formalized risk assessments may turn into rather hollow ‘certification’ processes which would certify certain countries as risk-free.159 In order to avoid this, it is necessary to have an independent institution or mechanism conducting an individualised assessment for each case. Moreover, this mechanism must have access to objective reports on the implementation of measures against trafficking in human beings in the country of origin of the trafficked person concerned. The assessment of whether the State is unable or unwilling to offer the trafficked person adequate protection upon his or her return is essential concerning the principle of non-refoulement. Consequently, information in this regard needs to be objective and accurate. Decisions should not be based on unverifiable or highly generalized situation reports by governments, intergovernmental bodies or NGOs.160 Monitoring reports conducted by independent monitoring mechanisms such as GRETA of the CoE Convention161 can be supportive. 4.2 Standards of Adequate Reparation This chapter will discuss the different legal standards between the right of victims of torture to adequate reparation and the right to compensation for victims of trafficking in human beings. UNCAT defines in Art. 14 that every victim of torture should obtain “redress and has an enforceable right to fair and adequate compensation”, which would also include as full rehabilitation as possible. This provision is a specific manifestation of the general right of victims of human rights violation to a remedy and adequate reparation.162 States have to ensure that their legal system allows for a right to a remedy. The remedy should provide redress to the victim of torture, which would include fair and adequate reparation for the suffering.163 Art. 14 UNCAT “not only recognizes the right to fair and adequate compensation” but includes also the duty for States to “guarantee compensation for the victim of an act of torture”. 164 Art. 14 UNCAT does not only apply to victims of torture but also to victims of other forms of ill-treatment, although not explicitly mentioned.165 For victims of torture, restitution is not a possible means of reparation since the harm suffered can no longer be removed. Rehabilitation with medical, psychological, social and legal measures is very important for victims of torture. The criminal prosecution of the perpetrator appears to be the most effective means of satisfaction perceived by victims of torture. Victims of torture are usually not primarily interested in monetary compensation, but compensation for immaterial damage such as pain and suffering or material damage such as rehabilitation costs can also provide valuable satisfaction.166 The Committee against Torture decided that financial compensation alone is not sufficient for a crime as serious as torture since compensation should cover all the damages suffered by the victim, including restitution, compensation and the rehabilitation of the victim as well as the guarantee of non-repetition. States, which are responsible for the acts of torture, are under an obligation to pay and provide for services of reparation and rehabilitation, but many torture rehabilitation centres receive only limited funding by the authorities.167 There are different forms of reparation as set out in the 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 Law168. The United Nations Convention against Torture: A Commentary International Covenant on Civil and Political Rights Guridi v. Spain, Decision Commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking Resolution 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: 35