GUIDE ON ANTI-TORTURE LEGISLATION independent monitoring of places of detention; revise codes of conduct; protect professionals assisting victims of torture (legal, medical and other professionals), etc.196 In Madagascar, the anti-torture law provides for a right to reparation that would include compensation and rehabilitation.197 In the Maldives, the Act on the Prohibition and Prevention of Torture provides for economic and non-economic compensation, giving concrete examples such as compensation for any financial loss suffered, any past, present or future medical treatment of the victim, for any court process for torture cases or compensation for any bodily damage suffered or loss of the function of an organ for instance. A programme of rehabilitation is also foreseen and the Act tasks the Ministry of Health and other authorities to set up such a programme.198 In Uganda, the Prevention and Prohibition of Torture Act provides for compensation, rehabilitation and restitution. Restitution may include the return of property confiscated, the payment for harm or loss suffered, etc. Compensation is provided for “any economically assessable damage such as material damage, lost opportunities, costs for legal or expert assistance, etc. Rehabilitation includes medical and psychological care or legal and psycho-social services.199 197 198 199 30. The Committee recommends that States parties ensure civil reparation without prior criminal proceedings A victim should be able to claim civil compensation regardless if the perpetrator is identified, investigated or prosecuted. 200 Countries with a system that do not provide for civil proceedings would need to amend their domestic legislation to enable victims to obtain civil reparation. In the meanwhile, they should ensure that criminal proceedings are not unduly delayed so that the victim can obtain redress swiftly. 201 In Uganda, the Prevention and Prohibition of Torture Act provides that “The court may, in addition to any other penalty under this Act, order for reparations (…)”. Criminal proceedings are not necessary to obtain redress. 202 202 31. The Committee considers that victims entitled to redress are all those who suffered from torture, suffered while trying to prevent torture and family and dependents of immediate victims The General Comment N°3 defined the term “victim”, as follows: “Victims are persons who have: Ibid, § 18. 196 Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, op. cit. 22, article 21. 197 Maldives, Act on the Prohibition and Prevention of Torture 2013, op. cit. 3, article 29 to 35. 198 Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 6. 199 200 56 CAT, General Comment N°3, op. cit. 11, § 26. 201 Ibid. 202 Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 6.

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