A/HRC/30/36 acts violating the fundamental rights granted him by the constitution or by law. Article 9 (5) of the International Covenant on Civil and Political Rights refers to an enforceable right to compensation for unlawful arrest and detention, and article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides that 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, and that in the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation. 66. The duty to provide such redress is confirmed as customary international law in the constant jurisprudence of the Working Group. The Working Group points out that the arguments raised and doctrines offered in defence against remedies have to date been only too effective. In terms of actual outcomes, international courts and tribunals and domestic courts have not provided effective remedies. It is contrary to the rule of law and the requirements of an effective international legal order to accept new restrictions that effectively bar remedies in domestic courts, since, under the international law principles of subsidiarity and complementary, the domestic legal orders have the primary responsibility to provide remedies. 67. The international law obligation to provide remedies is fulfilled primarily through domestic law. Domestic authorities and States have an obligation to apply tort law in compliance with international law, which provides minimum standards. The emerging jurisprudence of international courts18 and United Nations human rights bodies provides important sources of law or of declarations of the law. IV. Conclusions 68. The Working Group welcomes the cooperation given by States in the fulfilment of its mandate, in particular with regard to the responses from Governments concerning cases brought to their attention under the Working Group’s regular procedure. During 2014, the Working Group adopted 57 opinions concerning 422 persons in 30 countries. It also sent 136 urgent appeals to 48 Governments concerning 435 persons. 69. The Working Group welcomes the invitations extended to it to pay official visits to countries. In 2014 it conducted an official visit to New Zealand, as well as follow-up visits to Italy and to Germany. The Working Group has received invitations from the Governments of Argentina (follow-up visit), Azerbaijan, Burkina Faso, India, Japan, Libya, Malta (follow-up visit), Nauru, Spain and the United States of America, as well as from the Government of the State of Palestine. It has also requested to be invited to an additional 35 countries. 70. The Working Group reiterates that timely responses to its letters of allegations under its regular procedure with full disclosure from Member States furthers the cause of objectivity in rendering the Working Group’s opinions. The Working Group regrets that, in some cases, Governments do not provide responses, limit their replies to general information, merely affirm the non-existence of arbitrary detention in the 18 20 See, for example, the International Court of Justice in Diallo (Damages), the judgement of the International Criminal Court in The Prosecutor v. Lubanga Dyilo (2012) and the jurisprudence of the United Nations treaty bodies, in particular the Human Rights Committee and the Committee against Torture, as well as reports by special procedures mandate holders.

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