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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