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 54 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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