Chapter 8 – Redress Relevant Article from the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Article 14 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. 27. The Convention requires States parties to enact legislation recognising a right to redress for victims of torture The Committee’s General Comment N°3 explains and clarifies the content and scope of the obligations for States parties under article 14 of the Convention against Torture. In order to respect their obligations under the Convention, “States parties shall enact legislation and establish complaints mechanisms, investigation bodies and institutions (…)”.175 The right to redress is composed of a procedural and a substantive part.176 Legislation needs to provide victims of torture with an effective remedy (procedural part) and reparation (substantive part). 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 also provide important guidance.177 In Equatorial Guinea, the law on the Prevention and Sanctions of Torture provides reparation and a right to compensation and rehabilitation to victims of torture and cruel, inhuman and degrading treatment or punishment.178 In Madagascar, the anti-torture law provides for a right to reparation for victims of torture.179 178 179 175 Ibid, § 5. 176 CAT, General Comment N°3, op. cit. 11, §§ 2 and 5. Article I(2) of the Basic Rules provides that: “If they have not already done so, States shall, as required under international law, ensure that their domestic law is consistent with their international legal obligations by: (a) Incorporating norms of international human rights law and international humanitarian law into their domestic law, or otherwise implementing them in their domestic legal system; (b) Adopting appropriate and effective legislative and administrative procedures and other appropriate measures that provide fair, effective and prompt access to justice; (c) Making available adequate, effective, prompt and appropriate remedies, including reparation, as defined below; (d) Ensuring that their domestic law provides at least the same level of protection for victims as that required by their international obligations.” Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005. 177 Equatorial Guinea, Law on the Prevention and Sanctions of Torture of 2006, op. cit. 74, article 10. 178 Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, op. cit. 22, article 21. 179 53