GUIDE ON ANTI-TORTURE LEGISLATION
• Individually or collectively suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment
of their fundamental rights, through acts or omissions that constitute
violations of the Convention.
• A person should be considered a victim regardless of whether the
perpetrator of the violation is identified, apprehended, prosecuted or
convinced, and regardless of any familial or other relationship between
the perpetrators and the victim.
• The term “victim” also included affected immediate family or dependants
of the victim as well as persons who have suffered harm in intervening to
assist victims or to prevent victimization”. 203
A broad definition of the term victim are to be included in legislation, encompassing
the person who suffered harm, his immediate family or dependants as well as
other persons who may have suffered harm when assisting the victim. All of those
victims have a right to redress and not only the situation foreseen in article 14.
Summary of the elements – Chapter 8 – Redress
Primary elements
ªª The right to redress for victims of torture is to be included in national
legislation.
ªª National legislation on the right to redress also applies to victims of CIDTP.
ªª Forms of reparation in national legislation are to encompass restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition.
ªª The term victim is to encompass not only the immediate victim, but also
his or her family and dependants and anyone who suffered harm while
assisting the immediate victim. All those victims have a right to redress to be
recognised in national legislation.
Recommended elements
ªª Legislative provisions enable victims of torture to obtain civil reparation
without the prior conclusion of criminal proceedings.
203
CAT, General Comment N°3, op. cit. 11, § 3. Format changed from the original.
57
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