rehabilitation as possible by providing, inter alia, medical and psychological care, social services, and
legal assistance, including reimbursement for past expenditures, future services, and legal expenses...”98
Satisfaction and the Right to the Truth
57. In some cases, particularly where a person was returned to a risk of torture or other ill-treatment outside
ordinary judicial processes, a vital component of the right to redress will be an effective investigation
that would determine the truth of what happened capable of leading to prosecution of the perpetrators.99
Public inquiries are particularly important in order to ensure public scrutiny of, and accountability for,
acts that have occurred away from public view, in order to prevent further violations of the
Convention.100
Guarantees of Non-Repetition
58. Guarantees of non-repetition, identified as an essential component of the right to reparation in General
Comment 3, are equally significant for violations of Article 3. Both this Committee and the Human
Rights Committee have regularly called on States to prevent similar violations in the future.101
59. Appropriate forms of guarantees will depend upon the context but may include: revising law and policy
guidance that led to the offensive decision to return; training competent officials to better implement
existing guidance and relevant international law as set out in the Convention; convening governmental
inquiries and improving parliamentary scrutiny and oversight in order to improve transparency.
60. Given the countless instances of individuals being subjected to lengthy detention periods while awaiting
transfer, the Committee should consider recommending that States parties provide redress and reparation
to the individuals concerned when their transfers are found to be in violation of Article 3 and the States
parties were responsible for unnecessarily prolonging the detention of the complainant.
(3) Follow-up monitoring by human rights bodies
61. The second sentence of paragraph 22 broadly recommends that states parties request “independent
international experts or organizations or national experts and institutions to carry out monitoring and
follow-up visits to the persons concerned…”
98
CAT, Boily v. Canada, UN Doc. CAT/C/47/D/327/2007, 13 January 2012, para. 15. See also, CAT, Concluding
Observations: Djibouti, UN Doc. CAT/C/DJI/CO/1, 22 Dec. 2011, para. 14
99
CAT, Concluding observations: Kenya, UN Doc. CAT/C/KEN/CO/1, 19 Jan. 2009, para. 17; CAT, Concluding
Observations: Syria, UN Doc. CAT/C/SYR/CO/1, 25 May 2010, para. 18; CAT, Concluding Observations: Djibouti, UN
Doc. CAT/C/DJI/CO/1, 22 Dec. 2011, para. 14; HRC, Concluding Observations: USA, UN Doc.
CCPR/C/USA/CO/3/Rev.1, 18 Dec. 2006; ECtHR, El Masri v. FYRoM, App. no. 39630/09, 13 December 2012, paras
191-2.
100
ECtHR, El Masri v. FYRoM, App. no. 39630/09, 13 December 2012, para. 11
101
See e.g., CAT, Agiza v. Sweden, UN Doc. CAT/C/34/D/233/2003, 20 May 2005, para. 15; CAT, Boily v. Canada, UN
Doc. CAT/C/47/D/327/2007, 13 January 2012, para. 15; HRC, Alzery v. Sweden, UN Doc. CCPR/C/88/D/1416/2005, 10
November 2006, para. 13; HRC, Valetov v. Kazakhstan, UN Doc. CCPR/C/110/D/2104/2011, 29 April 2014, para. 16;
HRC, AH v. Denmark, UN Doc. CCPR/C/114/D/2370/2014, 7 September 2015, para. 10; HRC, Ali Aarrass v. Spain, UN
Doc. CCPR/C/111/D/2008/2010, 30 September 2014, para. 12; HRC, Concluding Observations: USA, UN Doc.
CCPR/C/USA/CO/3/Rev.1, 18 Dec. 2006, para. 16.
27
AI Index: IOR 40/6040/2017
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