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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