GÄFGEN v. GERMANY JUDGMENT 31 proceedings before the domestic courts only after lodging his application with the Court, the fact that those proceedings were still pending could not be taken into consideration as far as the loss of his victim status was concerned. Moreover, the Frankfurt am Main Regional Court had excluded the admissibility not only of the confession of 1 October 2002, but also of all subsequent confessions made by the applicant before the police, the prosecution and a judge prior to his trial. However, the applicant, after having been instructed that his previous confessions could not be used in evidence, had nevertheless made a new full confession on the second day of his trial, before any other evidence had been introduced. (iii) The third-party interveners (the Redress Trust) 114. In the Redress Trust’s submission, international jurisprudence had recognised that adequate and sufficient remedies in cases of torture and other prohibited ill-treatment included, in particular, the following forms of reparation which could be relevant cumulatively in a particular case. Firstly, an investigation capable of leading to the identification and punishment of those responsible for any ill-treatment was required (it cited, inter alia, Assenov and Others v. Bulgaria, 28 October 1998, § 102, Reports 1998-VIII). Secondly, States were obliged to have an effective criminal justice system capable of effectively punishing those who perpetrated torture and other prohibited ill-treatment and of deterring the commission of future offences. The punishment for a violation of Article 3 should reflect the gravity of the offence and the State’s obligation to punish the agents responsible had to be complied with seriously and not as a mere formality (by way of comparison, it cited Nikolova and Velichkova v. Bulgaria, no. 7888/03, § 63, 20 December 2007). Thirdly, adequate and sufficient remedies for torture and other forms of ill-treatment included effective civil remedies; in particular, compensation for pecuniary and non-pecuniary damage. The Court itself had repeatedly found that a judgment per se was not sufficient to constitute just satisfaction in cases of serious violations, such as those of Article 3, and had made an award for non-pecuniary damage (it cited, for instance, Selçuk and Asker v. Turkey, 24 April 1998, §§ 117-18, Reports 1998-II). Fourthly, a restoration of rights addressing the continuing impact of the torture, such as the exclusion of involuntary confessions, was required. Fifthly, the State had to provide for measures guaranteeing the non-recurrence of the prohibited conduct. (c) The Court’s assessment (i) Recapitulation of the relevant principles 115. The Court reiterates that it falls, firstly, to the national authorities to redress any violation of the Convention. In this regard, the question whether an applicant can claim to be the victim of the violation alleged is relevant at

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