Overview of anti-torture legislation in Latin America and the Caribbean if the judge identifies that evidence was obtained under torture he/she must file a complaint to the prosecutor´s office.102 V. Accountability and remedies a. Redress Article 14 of the UNCAT 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law. The constitutions, criminal codes and relevant legislation of all the Latin American States covered by this research contain one or more provisions on redress. It is worth mentioning that some of these provisions are not torture specific but they nonetheless benefit victims of torture to receive appropriate redress. Even though States shall provide for all forms of reparation in legislation, these forms vary from one State to another. Most Caribbean States provide for remedies for human rights violations in their national constitutions, which would also be applicable to victims of torture in those States that contain a constitutional provision against torture. In addition, Antigua and Barbuda, in copying the entirety of the UNCAT into the schedule to its Suppression of Torture Act, has also incorporated article 14. The Criminal condemnatory Code of sentence Argentina may order provides for that APT/CTI Guide on anti-torture legislation Page: 73 Primary elements The right to redress for victims of torture is to be included in national legislation. Forms of reparation in national legislation are to encompass restitution, compensation, rehabilitation, satisfaction and guarantee of non-repetition. The term victim is to encompass not only the immediate victim, but also his or her family and dependents. restitution, compensation for moral damage and the payment of litigations costs for victims of crime. 103 Victims and their families could pursue criminal prosecutions for human rights abuses through the initiation of a criminal procedure.104 The Civil Code of Argentina provides that the perpetration of any crime gives rise to an obligation to repair the damages caused to 102 Article 53 of the General Law to Prevent, Investigate and Punish Torture (2017). Article 29 Criminal Code of Argentina (article included in 1999 through Act N° 25. 188) available at: http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60847/texact.htm. 104 Article 174 Criminal Procedure Code of Argentina. 103 19

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