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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents