GUIDE ON ANTI-TORTURE LEGISLATION 29. The Committee considers that States parties are to ensure forms of reparation that include restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition The right to means of reparation is the substantive aspect of the right to redress and includes several forms of reparation.188 In terms of States’ obligations, General Comment N°3 reminds State parties that full redress includes five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. States shall provide for all these forms of reparation in legislation.189 Restitution: this form of reparation is intended to place the victim in the situation before the violation took place.190 Compensation: States shall provide for monetary compensation, for the damage and loss suffered by the victim.191 Monetary compensation alone is not a sufficient mean for redress. Examples of compensation include: reimbursement of medical expenses, pecuniary and non-pecuniary damage resulting from the damage and loss caused, legal or specialist assistance for the victims, etc.192 Rehabilitation: Rehabilitation should “aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.” 193 Rehabilitation should be holistic and include medical and psychological care, as well as legal and social services. States should adopt measures to make sure that adequate and effective rehabilitation is available to victims.194 Satisfaction: This form of redress provides for judicial and non-judicial measures taken by States to recognise that human rights violations occurred. It includes investigation and prosecution as seen in sections 17 and 18 of this document. Other measures that can be taken by States include a public apology by the perpetrator or the State; the search, recovery, identification and burial of the bodies of dead victims of torture and ill-treatment; commemorations and tributes, etc.195 Guarantees of non-repetition: they are part of the right to redress but they are also included in specific obligations to prevent torture in the Convention (articles 1 and 16). States are therefore required, when implementing the Convention, to respect those obligations and to take a number of measures to make sure that torture will not take place in the future. They can decide to include some of those measures in anti-torture legislation. The Committee gives a number of measures that States can adopt: training of law enforcement officials, military and Judiciary on human rights and the prohibition of torture more specifically (including on the Istanbul Protocol); strengthening the independence of the judiciary; establish a system of 188 CAT, General Comment N°3, op. cit. 11, §§ 2 and 5. 189 Ibid, § 6. 190 Ibid, § 8. 191 Ibid, § 9. 192 Ibid, § 10. 193 Ibid, § 11. 194 Ibid, §§ 13 to 15. 195 Ibid, §§ 16 and 17. 55

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