A/HRC/4/33 page 20 60. In recognition of the importance of regional cooperation with the mandate on torture, the Special Rapporteur encourages the Human Rights Council to so specify in its future resolutions on torture and other cruel, inhuman or degrading treatment or punishment and to invite the United Nations system to continue to provide support (e.g. in terms of technical advice, capacity-building, or material support to carry out core activities) to regional arrangements to combat torture, such as the Special Rapporteur on prisons and conditions of detention in Africa and the Follow-up Committee of the Robben Island Guidelines of the African Commission on Human and Peoples’ Rights. V. THE RIGHT OF VICTIMS OF TORTURE TO A REMEDY AND REPARATION 61. The Convention against Torture contains obligations aimed at punishing perpetrators, preventing torture and assisting victims of torture. Article 14 provides specifically for the right of victims to a remedy and should be interpreted in light of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.25 62. In the leading case on article 14, Guridi v. Spain,26 the Committee against Torture, without explicit reference to the Guidelines, followed the terminology developed therein in its decision. In that case, a Spanish court found three members of the Spanish Civil Guard guilty of torture, sentenced them to more than four years of imprisonment and ordered them to pay compensation of 500,000 pesetas to the victim. The perpetrators were subsequently pardoned after they had paid compensation. Despite the payment of compensation, the Committee found a violation of article 14. It held that reparation should cover all the damages suffered by the victim, which included, among other things, restitution, compensation and rehabilitation of the victim, as well as measures to guarantee the non-repetition of the violations, always bearing in mind the circumstances of each case.27 63. Procedurally, States commit themselves to establishing suitable institutions (i.e. primarily judicial institutions, such as criminal, civil, constitutional and special human rights courts, or also national human rights institutions and torture rehabilitation bodies) to enable victims of torture to obtain redress. It is important that the victims of torture themselves be entitled to initiate such procedures. 64. Substantively, the right to a remedy shall provide redress to the torture victim, which means fair and adequate reparation for pain and suffering. What victims perceive as adequate reparation may differ from case to case and depends on the particular suffering, and on the 25 Adopted by General Assembly resolution 60/147 of 16 December 2005. Hereinafter Guidelines. http://www.ohchr.org/english/law/remedy.htm. 26 Communication No. 212/2002 (CAT/C/D/212/2002). 27 Ibid., para. 6.8.

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