A/HRC/13/36
and the set of principles for the protection and promotion of human rights through action to
combat impunity.42
47.
The Basic Principles and Guidelines provide for different categories of reparation.
Since torture constitutes a particularly serious violation of human rights, criminal
prosecution and appropriate punishment is perceived by the victim as the most effective
means of satisfaction and justice. Criminal investigations serve the purpose of establishing
truth and pave the way for other forms of reparation. Guarantees of non-repetition, such as
amending relevant laws, fighting impunity and taking effective preventive or deterrent
measures, constitute a form of reparation if torture is practised in a widespread or
systematic manner. Monetary compensation for the immaterial damage (pain and suffering)
or material damage (rehabilitation costs, etc.) may provide satisfaction as an additional
form of reparation.
48.
In its general comment No. 15, the Human Rights Committee indicates that under
article 2 (1) of the International Covenant on Civil and Political Rights, the obligation is not
limited to a State’s citizens, but must be guaranteed to all individuals, regardless of
nationality or statelessness, such as asylum-seekers, refugees, migrant workers and others
who may find themselves subject to the jurisdictional regulations of the territory in which
they are found. Such remedies should be appropriately adapted to take account of the
special vulnerability of certain categories of person, including in particular children. As was
confirmed by general comment No. 31, this principle also applies to those within the power
or effective control of the forces of a State acting outside its territory, regardless of the
circumstances in which such power or effective control was obtained. States must ensure
that individuals have accessible and effective remedies to vindicate the aforementioned
rights, which should be appropriately adapted to the special vulnerability of certain
categories of persons, particularly children.
IV. Conclusions and recommendations
49.
States are urged to ensure that measures taken to combat crimes of terrorism
comply with their obligations under international human rights law, in particular the
right to an effective remedy for victims of human rights violations.
50.
States are urged to respect all rights, in particular non-derogable rights. It is
extremely important that the Member States reconfirm their commitment to the
absolute prohibition of torture and cruel, inhuman and degrading treatment, which
are not to be permitted under any circumstances.
51.
States are urged to cooperate with the special procedures of the Human Rights
Council in enforcing accountability mechanisms and measures and means of
providing remedies to victims.
52.
States are urged to issue a standing invitation to all special procedures of the
Human Rights Council, and in particular to the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering
terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, the Special Rapporteur on extrajudicial, summary or
arbitrary executions and the Working Groups on Arbitrary Detention and on
Enforced or Involuntary Disappearances.
42
GE.10-10442
E/CN.4/Sub.2/1997/20/Rev.1, annex II, and E/CN.4/2005/102/Add.1.
17
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