so, but the Committee noted that he too had failed. As a consequence, the State
Party had breached its obligation under Articles 12 and 14 to proceed to an
impartial investigation whenever there is reasonable ground to believe that an
act of torture has been committed.200
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.
Features: Victim’s right to redress and reparation, right of dependants to
compensation
Interpretation
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
§ 1. If the investigation referred to in Articles 12 and 13 forms the start of possible penal (and often also disciplinary) measures, Article 14 provides for civil
legal recourse for victims of torture. States Parties are obliged to guarantee in
their national laws that a victim of an act of torture obtains redress and also has
an enforceable right to fair and adequate compensation, including the means for
as full rehabilitation as possible.201
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Redress involves official recognition that harm has been done to the person in
question. Compensation generally, but not always, takes the form of payment
of an amount of money.202 Members of the CAT have emphasised regularly that
the obligation of Article 14 involves not only the provision of material compensation and redress, but also physical, mental, and social rehabilitation.203 One
member has spoken of “…the three M’s of rehabilitation: Moral, monetary and
medical.”204
Any amount paid in compensation must be fair and adequate and therefore not
symbolic. The State is left to decide what is fair and adequate. Immaterial
damage must also be compensated. However, the CAT has called various States
to account on inadequate provisions for compensation and rehabilitation of torture victims.205
If a victim dies as a result of torture then his next of kin are entitled to compensation.206 Spouses and children are normally considered as next of kin.
However, next of kin can also include other relatives, if they can show that they
depended upon the financial support of the deceased.
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