The document is a general comment by the UN Committee Against Torture on article 14 of the UN Convention Against Torture regarding state obligations to provide redress to victims of torture or cruel, inhuman or degrading treatment. It defines key terms like "victim" and "redress" and explains that states must enact legislation to determine the right to and award redress through independent judicial bodies. It elaborates on the five forms of reparation that states must provide victims as part of full redress: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. The comment emphasizes that redress must be adequate, effective, comprehensive and tailored to the needs of each victim.
The United Nations Convention against Torture is an international treaty that aims to prevent torture around the world. It defines torture and establishes the Committee Against Torture to monitor states' compliance. States must prevent torture, not extradite people where torture may occur, provide due process, and educate their personnel about prohibiting torture. The Convention defines torture and sets forth state obligations and individual rights regarding torture.
The document discusses the role and responsibilities of the UN Special Rapporteur on Torture. It provides definitions of torture and outlines international legal instruments that prohibit torture. It discusses the Special Rapporteur's mandate to investigate allegations of torture and conduct fact-finding visits to detention sites with unimpeded access. The document also outlines best practices for detention monitoring visits, including conducting private interviews with detainees in a manner that protects victims and maintains confidentiality.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention defines torture and requires states to take effective measures to prevent torture in any territory under their jurisdiction. It also states that no exceptional circumstances can justify torture and that orders from superiors cannot be invoked as a justification for torture.
Law of reservations under international lawJowairiaSajid
These slides deal with the law of reservations under Vienna Convention on Law of Treaties, 1969. Moreover, formulation, acceptance of reservation and objections upon reservations are discussed. Specific examples of CAT and ICCPR are also given and lastly, extra-territorial applicability of ICCPR and CAT is also discussed.
The document outlines 11 principles from the ICJ Berlin Declaration regarding upholding human rights and the rule of law in combating terrorism. The principles address: 1) the duty of states to protect fundamental rights while countering terrorism; 2) guaranteeing an independent judiciary; and 3) ensuring fair criminal justice processes, including prohibiting torture and secret detentions. The principles aim to balance security measures with protecting civil liberties and human rights.
The document provides an overview of the evolution and key aspects of international criminal law. It discusses how international criminal law began with the Nuremberg trials after WWII, which established crimes like war crimes, crimes against humanity, and crimes of aggression. Since then, several ad hoc tribunals have been created to prosecute international crimes in conflicts like Rwanda and Yugoslavia. More recently, the permanent International Criminal Court was established in 2002 to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression, while respecting the principle of complementarity giving domestic courts priority.
This document provides a summary of the UN Convention Against Torture and discusses India's status regarding ratification. It notes that while torture is prohibited under Indian law, there is no standalone anti-torture law implementing the Convention. The document examines the historical use of torture, India's reservations to the Convention, and recommendations to adopt legislation prohibiting torture. It also discusses how the lack of anti-torture law impacts issues like extradition requests and human rights. The Law Commission was asked to examine ratifying the Convention and implementing anti-torture law.
This document is an introduction to the Prevention of Torture Bill of 2018 in India. It aims to define torture and provide punishment for public servants or others who inflict torture with a public servant's consent. If passed, the bill would help India ratify the UN Convention Against Torture and address custodial crimes like torture. It seeks to fulfill India's commitment to prohibit torture and establish protections for those deprived of liberty. Passing this law could also help India's efforts to extradite suspects from other countries.
The United Nations Convention against Torture is an international treaty that aims to prevent torture around the world. It defines torture and establishes the Committee Against Torture to monitor states' compliance. States must prevent torture, not extradite people where torture may occur, provide due process, and educate their personnel about prohibiting torture. The Convention defines torture and sets forth state obligations and individual rights regarding torture.
The document discusses the role and responsibilities of the UN Special Rapporteur on Torture. It provides definitions of torture and outlines international legal instruments that prohibit torture. It discusses the Special Rapporteur's mandate to investigate allegations of torture and conduct fact-finding visits to detention sites with unimpeded access. The document also outlines best practices for detention monitoring visits, including conducting private interviews with detainees in a manner that protects victims and maintains confidentiality.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention defines torture and requires states to take effective measures to prevent torture in any territory under their jurisdiction. It also states that no exceptional circumstances can justify torture and that orders from superiors cannot be invoked as a justification for torture.
Law of reservations under international lawJowairiaSajid
These slides deal with the law of reservations under Vienna Convention on Law of Treaties, 1969. Moreover, formulation, acceptance of reservation and objections upon reservations are discussed. Specific examples of CAT and ICCPR are also given and lastly, extra-territorial applicability of ICCPR and CAT is also discussed.
The document outlines 11 principles from the ICJ Berlin Declaration regarding upholding human rights and the rule of law in combating terrorism. The principles address: 1) the duty of states to protect fundamental rights while countering terrorism; 2) guaranteeing an independent judiciary; and 3) ensuring fair criminal justice processes, including prohibiting torture and secret detentions. The principles aim to balance security measures with protecting civil liberties and human rights.
The document provides an overview of the evolution and key aspects of international criminal law. It discusses how international criminal law began with the Nuremberg trials after WWII, which established crimes like war crimes, crimes against humanity, and crimes of aggression. Since then, several ad hoc tribunals have been created to prosecute international crimes in conflicts like Rwanda and Yugoslavia. More recently, the permanent International Criminal Court was established in 2002 to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression, while respecting the principle of complementarity giving domestic courts priority.
This document provides a summary of the UN Convention Against Torture and discusses India's status regarding ratification. It notes that while torture is prohibited under Indian law, there is no standalone anti-torture law implementing the Convention. The document examines the historical use of torture, India's reservations to the Convention, and recommendations to adopt legislation prohibiting torture. It also discusses how the lack of anti-torture law impacts issues like extradition requests and human rights. The Law Commission was asked to examine ratifying the Convention and implementing anti-torture law.
This document is an introduction to the Prevention of Torture Bill of 2018 in India. It aims to define torture and provide punishment for public servants or others who inflict torture with a public servant's consent. If passed, the bill would help India ratify the UN Convention Against Torture and address custodial crimes like torture. It seeks to fulfill India's commitment to prohibit torture and establish protections for those deprived of liberty. Passing this law could also help India's efforts to extradite suspects from other countries.
This document discusses two mechanisms for enforcing international law - the International Court of Justice (ICJ) and the United Nations Security Council. It outlines the ICJ's jurisdiction over contentious cases between states and its ability to issue advisory opinions. It also describes the Security Council's role in peacefully settling disputes under Chapter VI of the UN Charter and its expanded powers under Chapter VII to address threats to international peace and security, including authorizing military force.
An overall discussion on the defences under International Criminal Law. Will be helpful for the students of International Criminal Law and especially the student of Law.
The Security Council unanimously adopted Resolution 1882 to expand the criteria for listing parties committing violations against children in armed conflicts. The resolution adds killing, maiming, and rape of children as criteria for the Secretary-General's "list of shame" annex in reports on children in armed conflicts. It calls on listed parties to prepare action plans to halt violations and bring perpetrators to justice. The resolution aims to help end impunity and better protect children affected by armed conflicts.
The Commission on Human Rights resolution affirms that counter-terrorism measures must respect human rights and international law. It recognizes the need for counter-terrorism to protect rights like life and security, but stresses that no derogation of rights is permitted under international law. The resolution calls on states to prevent arbitrary detention and respect due process rights for any detainees. It also condemns torture and calls for ratification of treaties banning cruel treatment. The resolution supports coordination between UN bodies to monitor counter-terrorism efforts and rights compliance.
The document discusses international laws and conventions regarding human rights and the treatment of refugees and foreigners, including the Universal Declaration of Human Rights, the 1951 Refugee Convention, European laws on fundamental rights and freedoms, and Austrian laws on the right to stay and residence and integration requirements. Key points covered include definitions of refugees, non-discrimination principles, rights to life, liberty, and security of person, and conditions for obtaining residence permits in Austria.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
A basic discussion on State Jurisdiction under International Criminal Law. The main focus of this lecture is to pinpoint the criminal jurisdiction of a state where a foreign element is connected and the crime is international by nature.
This document discusses the international legal norms governing the use of force, known as jus ad bellum. It examines the prohibition on the use of force under the UN Charter and customary international law, as well as the exceptions for self-defense and Security Council authorized use of force. It also discusses debates around anticipatory self-defense, collective self-defense, the definition of armed attack, and other possible justifications for the use of force.
International Criminal Court: Jurisdiction and IssuesJee Lee
The document discusses individual criminal liability under international law, outlining the history and jurisdiction of the International Criminal Court (ICC) which prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression. It explains the ICC's jurisdiction over these international crimes and how cases can be referred to the court by states, the UN Security Council, or initiated by the prosecutor. Issues relating to the ICC's impact on state sovereignty and selectivity of prosecutions are also addressed.
The document is a report on Egypt's terrorism law that was passed in 2015. It includes the following:
- An introduction providing background on the law.
- The full text of several articles from the terrorism law, including definitions of key terms like "terrorist act" and "terrorism financing", and outlines offenses and corresponding penalties.
- Details of the methodology used to compile the report, which involved direct monitoring, investigations, and interviews with lawyers and experts.
- An outline of the report's contents, which will analyze and critique the law.
Universal Jurisdiction Under the Rome Statute- GC (2)Ovo Imoedemhe
This document outlines a presentation on universal jurisdiction under the Rome Statute of the International Criminal Court. It discusses traditional principles of jurisdiction, defines universal jurisdiction, and outlines limits on its use. It describes the ICC's jurisdiction and justifications for universal jurisdiction, such as denying safe havens for perpetrators and closing impunity gaps. However, it also discusses arguments against universal jurisdiction, such as threats to sovereignty. The conclusion is that while there seems to be consensus on universal jurisdiction in theory among states, it remains controversial in practical application due to sovereignty concerns. The ICC also does not exercise pure universal jurisdiction due to its complementarity and cooperation regimes.
1. States can be held responsible under international law for violations committed by their organs, entities exercising governmental authority, or persons whose conduct is attributable to the state. Responsibility arises when there is an internationally wrongful act that is attributable to the state.
2. The Articles on State Responsibility codify the rules of state responsibility. They establish that states must make full reparation for injuries caused by internationally wrongful acts, including through restitution, compensation, and satisfaction.
3. Diplomatic protection allows a state to bring a claim against another state for injuries to its nationals from the other state's wrongful acts. It is based on the state responsibility of the other state.
This document discusses victims' rights under the European Charter of Fundamental Rights and the obligation of states to protect and provide redress for victims of crime. It notes that criminal law and proceedings serve to both effectively protect victims' rights and provide redress, through deterrence of criminal acts, identification and punishment of offenders, and granting victims access to justice. The right to access justice includes a thorough investigation, ability to participate in proceedings, and legal aid. States must take practical steps to ensure victims can effectively exercise these rights in practice through victim support services.
2014 09-24- human rights manifesto (english)Jamaity
Amnesty International is calling on candidates in Tunisia's upcoming elections to commit to protecting human rights. The organization outlines 10 steps candidates should take, including ending discrimination against women, fighting torture, making security forces accountable, upholding freedoms of expression and association, protecting refugees, and abolishing the death penalty. Amnesty International seeks signatures from candidates pledging to work towards these human rights goals in Tunisia.
The document discusses the prohibition against torture under international law in three key points:
1. The prohibition against torture is a jus cogens norm, meaning it is a fundamental standard that cannot be overridden by other international agreements or customs. This gives the prohibition a particularly high status.
2. The prohibition imposes obligations on all states to prevent torture from occurring within their borders and hold accountable any perpetrators, regardless of nationality.
3. As a jus cogens norm, the prohibition is universal and allows any state to investigate, prosecute or extradite individuals accused of torture found within their territory. Torture may not be subject to statutes of limitations or exempted from extradition.
This bill aims to protect women, children, and other vulnerable persons from domestic violence in Pakistan. It defines domestic violence broadly to include physical, sexual, psychological, and economic abuse. It also establishes protections for aggrieved persons, such as the right to reside in their household and seek protection orders against the accused. Courts must dispose of related cases within 30 days and direct counseling for the accused. The government must publicize this law and provide training to enforce its protections against domestic violence.
1. The document summarizes a discussion on the UK House of Lords decision in the Jones v. Saudi Arabia case regarding state immunity.
2. The Lords upheld state immunity and immunity for individual state officials for torture committed outside the UK, finding no conflict between immunity rules and international rules prohibiting torture.
3. The Lords rejected arguments that universal civil jurisdiction over torture is required by international law in the same way as universal criminal jurisdiction.
This document discusses the UK House of Lords' ruling in Jones v Saudi Arabia, which found that state immunity blocked civil claims against Saudi Arabia and officials for torture of British citizens in Saudi Arabia.
The ruling has implications for torture survivors' ability to obtain justice and reparations. While torture is universally condemned, the ruling shows a lack of practical remedies for survivors. The document analyzes arguments around state immunity principles and their relationship to obligations to provide civil remedies for torture under the UN Convention Against Torture. It also discusses debates around interpreting Article 14 and whether it requires states to provide remedies for extraterritorial torture.
The Anti-Constitutional, Anti-Hindu "Prevention of Communal and Targeted Viol...Sardar Sanjay Matkar
"Prevention of Communal and Targeted Violence Bill 2011" is enforceable all over India EXCEPT the State of Jammu & Kashmir; where Kashmiri Pandits are a minority. When reading this document, the phrase 'Religious and Linguistic Minorities' should be read same as "Muslim". If enforced in J&K, this Bill will lead to the prosecution of Muslims, hence it is not applicable there.
Human rights violation_in_custodial_tortureAvinash Rajput
This document provides an overview of custodial torture in India. It defines torture, describes common torture methods and types (police vs. judicial custody), presents statistics on custodial deaths from 2000-2011, outlines relevant international and domestic legal frameworks, and provides three case examples each of torture in police and judicial custody.
This document discusses two mechanisms for enforcing international law - the International Court of Justice (ICJ) and the United Nations Security Council. It outlines the ICJ's jurisdiction over contentious cases between states and its ability to issue advisory opinions. It also describes the Security Council's role in peacefully settling disputes under Chapter VI of the UN Charter and its expanded powers under Chapter VII to address threats to international peace and security, including authorizing military force.
An overall discussion on the defences under International Criminal Law. Will be helpful for the students of International Criminal Law and especially the student of Law.
The Security Council unanimously adopted Resolution 1882 to expand the criteria for listing parties committing violations against children in armed conflicts. The resolution adds killing, maiming, and rape of children as criteria for the Secretary-General's "list of shame" annex in reports on children in armed conflicts. It calls on listed parties to prepare action plans to halt violations and bring perpetrators to justice. The resolution aims to help end impunity and better protect children affected by armed conflicts.
The Commission on Human Rights resolution affirms that counter-terrorism measures must respect human rights and international law. It recognizes the need for counter-terrorism to protect rights like life and security, but stresses that no derogation of rights is permitted under international law. The resolution calls on states to prevent arbitrary detention and respect due process rights for any detainees. It also condemns torture and calls for ratification of treaties banning cruel treatment. The resolution supports coordination between UN bodies to monitor counter-terrorism efforts and rights compliance.
The document discusses international laws and conventions regarding human rights and the treatment of refugees and foreigners, including the Universal Declaration of Human Rights, the 1951 Refugee Convention, European laws on fundamental rights and freedoms, and Austrian laws on the right to stay and residence and integration requirements. Key points covered include definitions of refugees, non-discrimination principles, rights to life, liberty, and security of person, and conditions for obtaining residence permits in Austria.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
A basic discussion on State Jurisdiction under International Criminal Law. The main focus of this lecture is to pinpoint the criminal jurisdiction of a state where a foreign element is connected and the crime is international by nature.
This document discusses the international legal norms governing the use of force, known as jus ad bellum. It examines the prohibition on the use of force under the UN Charter and customary international law, as well as the exceptions for self-defense and Security Council authorized use of force. It also discusses debates around anticipatory self-defense, collective self-defense, the definition of armed attack, and other possible justifications for the use of force.
International Criminal Court: Jurisdiction and IssuesJee Lee
The document discusses individual criminal liability under international law, outlining the history and jurisdiction of the International Criminal Court (ICC) which prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression. It explains the ICC's jurisdiction over these international crimes and how cases can be referred to the court by states, the UN Security Council, or initiated by the prosecutor. Issues relating to the ICC's impact on state sovereignty and selectivity of prosecutions are also addressed.
The document is a report on Egypt's terrorism law that was passed in 2015. It includes the following:
- An introduction providing background on the law.
- The full text of several articles from the terrorism law, including definitions of key terms like "terrorist act" and "terrorism financing", and outlines offenses and corresponding penalties.
- Details of the methodology used to compile the report, which involved direct monitoring, investigations, and interviews with lawyers and experts.
- An outline of the report's contents, which will analyze and critique the law.
Universal Jurisdiction Under the Rome Statute- GC (2)Ovo Imoedemhe
This document outlines a presentation on universal jurisdiction under the Rome Statute of the International Criminal Court. It discusses traditional principles of jurisdiction, defines universal jurisdiction, and outlines limits on its use. It describes the ICC's jurisdiction and justifications for universal jurisdiction, such as denying safe havens for perpetrators and closing impunity gaps. However, it also discusses arguments against universal jurisdiction, such as threats to sovereignty. The conclusion is that while there seems to be consensus on universal jurisdiction in theory among states, it remains controversial in practical application due to sovereignty concerns. The ICC also does not exercise pure universal jurisdiction due to its complementarity and cooperation regimes.
1. States can be held responsible under international law for violations committed by their organs, entities exercising governmental authority, or persons whose conduct is attributable to the state. Responsibility arises when there is an internationally wrongful act that is attributable to the state.
2. The Articles on State Responsibility codify the rules of state responsibility. They establish that states must make full reparation for injuries caused by internationally wrongful acts, including through restitution, compensation, and satisfaction.
3. Diplomatic protection allows a state to bring a claim against another state for injuries to its nationals from the other state's wrongful acts. It is based on the state responsibility of the other state.
This document discusses victims' rights under the European Charter of Fundamental Rights and the obligation of states to protect and provide redress for victims of crime. It notes that criminal law and proceedings serve to both effectively protect victims' rights and provide redress, through deterrence of criminal acts, identification and punishment of offenders, and granting victims access to justice. The right to access justice includes a thorough investigation, ability to participate in proceedings, and legal aid. States must take practical steps to ensure victims can effectively exercise these rights in practice through victim support services.
2014 09-24- human rights manifesto (english)Jamaity
Amnesty International is calling on candidates in Tunisia's upcoming elections to commit to protecting human rights. The organization outlines 10 steps candidates should take, including ending discrimination against women, fighting torture, making security forces accountable, upholding freedoms of expression and association, protecting refugees, and abolishing the death penalty. Amnesty International seeks signatures from candidates pledging to work towards these human rights goals in Tunisia.
The document discusses the prohibition against torture under international law in three key points:
1. The prohibition against torture is a jus cogens norm, meaning it is a fundamental standard that cannot be overridden by other international agreements or customs. This gives the prohibition a particularly high status.
2. The prohibition imposes obligations on all states to prevent torture from occurring within their borders and hold accountable any perpetrators, regardless of nationality.
3. As a jus cogens norm, the prohibition is universal and allows any state to investigate, prosecute or extradite individuals accused of torture found within their territory. Torture may not be subject to statutes of limitations or exempted from extradition.
This bill aims to protect women, children, and other vulnerable persons from domestic violence in Pakistan. It defines domestic violence broadly to include physical, sexual, psychological, and economic abuse. It also establishes protections for aggrieved persons, such as the right to reside in their household and seek protection orders against the accused. Courts must dispose of related cases within 30 days and direct counseling for the accused. The government must publicize this law and provide training to enforce its protections against domestic violence.
1. The document summarizes a discussion on the UK House of Lords decision in the Jones v. Saudi Arabia case regarding state immunity.
2. The Lords upheld state immunity and immunity for individual state officials for torture committed outside the UK, finding no conflict between immunity rules and international rules prohibiting torture.
3. The Lords rejected arguments that universal civil jurisdiction over torture is required by international law in the same way as universal criminal jurisdiction.
This document discusses the UK House of Lords' ruling in Jones v Saudi Arabia, which found that state immunity blocked civil claims against Saudi Arabia and officials for torture of British citizens in Saudi Arabia.
The ruling has implications for torture survivors' ability to obtain justice and reparations. While torture is universally condemned, the ruling shows a lack of practical remedies for survivors. The document analyzes arguments around state immunity principles and their relationship to obligations to provide civil remedies for torture under the UN Convention Against Torture. It also discusses debates around interpreting Article 14 and whether it requires states to provide remedies for extraterritorial torture.
The Anti-Constitutional, Anti-Hindu "Prevention of Communal and Targeted Viol...Sardar Sanjay Matkar
"Prevention of Communal and Targeted Violence Bill 2011" is enforceable all over India EXCEPT the State of Jammu & Kashmir; where Kashmiri Pandits are a minority. When reading this document, the phrase 'Religious and Linguistic Minorities' should be read same as "Muslim". If enforced in J&K, this Bill will lead to the prosecution of Muslims, hence it is not applicable there.
Human rights violation_in_custodial_tortureAvinash Rajput
This document provides an overview of custodial torture in India. It defines torture, describes common torture methods and types (police vs. judicial custody), presents statistics on custodial deaths from 2000-2011, outlines relevant international and domestic legal frameworks, and provides three case examples each of torture in police and judicial custody.
The document discusses the ethics of torture, including definitions of torture in international law and arguments for and against allowing torture. It notes that the Geneva Convention prohibits torture of prisoners of war. Arguments for torture include that it can gain valuable information quickly, while others do it, and that terrorists are not covered by the Geneva Convention. However, arguments against torture are that it is an ineffective method, could lead down a slippery slope, puts captors at risk of reciprocal torture, undermines moral consistency, and degrades a nation's dignity.
The document discusses various forms and examples of torture. It mentions that Article 5 of human rights law prohibits torture and cruel punishment. It provides examples of singers from Oromia who were tortured in an Ethiopian prison for their music. Abu Ghraib prison in Iraq was the site of physical and psychological torture such as rape and homicide according to reports. Various forms of torture are also listed such as genital mutilation, burning, and solitary confinement.
Torture is defined under international law as any act intentionally inflicting severe physical or mental pain or suffering by a public official. Various techniques have been used around the world by governments to obtain information, punish, intimidate, or persecute. There is disagreement over which actions cause severe suffering. The document discusses waterboarding used by some governments against detainees in the 'War on Terror' and whether torture can ever be justified for interrogations.
An unpaid seller is a seller who has not received full payment for goods. A seller can be considered unpaid if the full price was not paid or tendered, or if a negotiable instrument like a bill of exchange was received as conditional payment but the conditions were not fulfilled. An unpaid seller has certain rights against the goods, like lien or stoppage in transit, and rights against the buyer, like suing for the price or damages. A seller may be unpaid even if a small portion of the price is outstanding, or if the goods were sold on credit but the credit period has expired.
An unpaid seller is a seller who has not received full or partial payment for goods sold. As an unpaid seller, they have certain rights depending on whether property in the goods has passed to the buyer. These rights include lien, stoppage in transit, resale, and withholding delivery. The right of lien allows the seller to keep possession of goods until payment. Stoppage in transit applies when goods are in transit and the buyer becomes insolvent. An unpaid seller also has the right to resell goods in certain circumstances after providing notice to the buyer. If property has not passed, the seller can withhold delivery of goods until payment or conditions are fulfilled.
The document discusses the history and development of victims' rights in the criminal justice system, from victims having little status or rights in the early 1970s to the passage of numerous laws at both the federal and state levels establishing victims' rights. It also outlines various services and programs that exist to help victims of crimes, such as victim compensation, restitution, victim impact statements, and notification programs. The future of victims' rights aims to further establish fundamental rights for crime victims and provide comprehensive victim services.
The Inter-American Convention on the Rights of Older Persons establishes standards to promote and protect the human rights of older adults aged 60 and over. It recognizes their contributions to society and aims to guarantee their dignity, independence, participation, and inclusion. Key provisions include prohibiting abuse and mistreatment of older persons, adopting measures to attain equality and ensure their engagement, and recognizing rights like non-discrimination, autonomy, safety, and access to long-term care and social security. The Convention provides a framework for States to uphold the human rights of older populations through legislation, policies, and programs.
This document discusses sentencing policy and victim compensation in India. It provides an overview of the history and constitutional framework regarding victim's rights. It discusses the evolution of sentencing policy in India and the role of courts in determining victim compensation. It outlines sections 357 and 357A of the Indian Criminal Procedure Code regarding compensation and state victim compensation schemes.
Victims have few legal rights within the criminal justice system. They do not have the right to be notified about proceedings or the defendant's arrest/release. Victim assistance programs are also virtually non-existent. The document proposes expanding victims' rights to include the right to attend proceedings, receive compensation for expenses from violent crimes, and be heard during critical proceedings like sentencing where they can provide a victim impact statement. Victims should also have the right to be informed about proceedings, protection during the process, restitution, return of stolen property, a speedy trial or resolution of the case, and mechanisms to enforce their rights.
The document summarizes victim compensation in India. It defines a victim as any person harmed by illegal activities. The objectives of victim compensation are to provide funds and support services to victims and their dependents. Indian law provides some compensation under the constitution as well as sections 357, 357A, 358, and 359 of the Code of Criminal Procedure. Several state and central schemes also aim to increase compensation amounts, especially for crimes like rape. However, the system remains limited and fragmented, so a comprehensive law is still needed to better serve and protect victims' rights in the criminal justice process.
The Constitutional Court of Colombia declared unconstitutional a paragraph of Law 975 of 2005 that stipulated social services provided by the government to victims are part of reparation. The Court recognized key differences between social programs, humanitarian assistance, and comprehensive reparation for victims of human rights violations. The unconstitutional paragraph generated confusion between these measures and could result in inadequate reparation for victims by counting social services against what is owed. The Court's decision underscores the autonomy of victims' right to full reparation and warns against using mechanisms designed for other purposes to address human rights violations.
- Vicarious liability refers to holding someone responsible for the actions of another person, such as an employer being liable for the acts of an employee that took place in the course of employment. There must be a certain relationship between the parties and the wrongful act must be connected to that relationship.
- To establish vicarious liability, there must be a relationship of a certain kind between the parties, the wrongful act must be related to the relationship in a certain way, and the wrong must have been committed within the scope of employment. Employers can be vicariously liable to encourage safety and because they profit from the employees' activities.
- The two main remedies for a tort are damages to compensate for harm and
The customary dispute resolution mechanisms of Ethiopia play an important role in resolving crimes and maintaining peace in communities. They are run by respected elders and focus on reconciling parties, making victims whole through restitution, and restoring relationships to prevent future conflicts. While not recognized by law, these mechanisms emphasize restorative justice principles like involving stakeholders, having voluntary participation, and empowering communities to address crime in a way that integrates offenders back into their communities. The document examines how these customary mechanisms operate and their compatibility with restorative justice models.
This document discusses medical negligence and the legal duties and liabilities of medical practitioners under Indian law. It summarizes that the Supreme Court defined the relationship between patients and doctors as contractual under the Consumer Protection Act. It outlines the duties of care owed by doctors, what constitutes negligence, and how negligence claims can be brought before consumer forums. It also discusses issues like informed consent, vicarious liability, and the potential for criminal charges in cases of gross medical negligence.
This document discusses medical negligence and the legal duties and liabilities of medical practitioners under Indian law. It summarizes that the Supreme Court defined the relationship between patients and doctors as contractual under the Consumer Protection Act. It outlines the duties of care owed by doctors, what constitutes negligence, and how negligence claims can be brought before consumer forums. It also discusses issues like informed consent, vicarious liability, and the potential for criminal charges in cases of gross medical negligence.
The document discusses various powers of the Philippine government including eminent domain, taxation, and criminal justice rights. It defines eminent domain as the power of the government to take private property for public use with just compensation. Taxation is described as enforced contributions used to support the government. Criminal justice rights discussed include the right to remain silent, right to an attorney, prohibition on torture, right to bail, right to due process, and presumption of innocence. The writ of habeas corpus and writ of amparo are also summarized.
UNITED NATIONS CONVENTION AGAINST TORTURE.pptxAnjana S Kumar
The document summarizes the United Nations Convention Against Torture (UNCAT). It describes UNCAT as an international treaty adopted in 1984 that aims to prevent and eradicate torture. The summary outlines UNCAT's key provisions including defining torture, prohibiting torture, non-refoulement, criminalizing torture, training officials, and establishing the Committee Against Torture. It also briefly discusses India's approach to ratifying UNCAT and mechanisms that supplement UNCAT such as the Optional Protocol and special rapporteur.
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020) RESEARCHED AND COMPILED BY PROF. ...HUDCC
This document lists and defines 230 Philippine legal doctrines compiled by Professor Alvin T. Claridades for bar examination reviewees, law students, professors and practitioners. It provides brief descriptions of various doctrines, including the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims, and the doctrine of adherence of jurisdiction which holds that a court retains jurisdiction to enforce and execute a judgment even after it becomes final.
This document is the International Covenant on Economic, Social and Cultural Rights which was adopted by the UN General Assembly in 1966 and entered into force in 1976. It recognizes a variety of economic, social, and cultural rights including the rights to work, form trade unions, social security, an adequate standard of living, health, education, and participation in cultural life. States that ratify the covenant agree to take steps to progressively realize these rights to the maximum of available resources and submit periodic reports on their implementation efforts.
This document is the International Covenant on Economic, Social and Cultural Rights which was adopted by the UN General Assembly in 1966 and entered into force in 1976. It recognizes a variety of economic, social, and cultural rights including the rights to work, form trade unions, social security, an adequate standard of living, health, education, and participation in cultural life. States that ratify the covenant agree to take steps to progressively realize these rights to the maximum of available resources and submit periodic reports on their implementation efforts.
The document summarizes key concepts in business and company law and tort law:
1. It defines assault, battery, and false imprisonment in tort law. Assault refers to apprehension of harm, battery to actual physical harm, and false imprisonment to unlawful restraint of a person.
2. Revocation means withdrawal of an offer by the offeror before acceptance. An offer can generally be revoked at any time before acceptance under the rule in Payne v Cave.
3. It outlines the elements of negligence - duty of care, breach of duty, causation, and damages - and defenses like contributory negligence, voluntary assumption of risk, superseding acts, and illegality.
This document summarizes the history and development of victim compensation in India. It discusses how ancient societies required offenders to reimburse victims but the focus was on protecting offenders, not rehabilitating victims. Over time, compensation became a victim's civil right. The Code of Criminal Procedure introduced provisions for victim compensation through court fines and state schemes. Section 357A obligates states to establish victim compensation schemes, defining the role of District Legal Services Authorities in awarding compensation. The document outlines eligibility and provisions under Delhi's Victim Compensation Scheme 2018, including interim relief for acid attack victims and funds from donations.
Overview of the Implementation of Restorative Justice in Indonesia’s Criminal...AHRP Law Firm
Restorative justice has been actively incorporated into domestic criminal legal systems globally, including Indonesia. Indonesia's legal system has been aiming to transform its criminal justice approach from retributive to restorative. However, there are still some notes on its implementation which could be studied in deeper sense by, among others, considering and contemplating on how the other countries implement such approach in their criminal justice systems as a parameter to see Indonesia's milestone in achieving the spirit of restorative justice.
UNIT 4 Task for assignemnt related to Business lawsreeja704563
The course tutor has asked the presenter to prepare a presentation on key business laws including consumer law, contract law, tort law, and international law. Consumer law protects individuals from unfair trade practices. Contract law deals with making and enforcing agreements. Tort law provides remedies for harm caused by others. International law sets rules between states to promote cooperation and resolve disputes peacefully.
INTERNATIONAL HUMAN RIGHTS LAW ASSIGNMENT -III.pptxkassahunargaw1
This document discusses international human rights instruments that protect vulnerable groups. It outlines how the International Convention on the Elimination of Racial Discrimination protects racial and ethnic groups. It describes how the Convention on the Elimination of Discrimination Against Women aims to eradicate discrimination against women. It also discusses how the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights protect groups like women, children, minorities, and more. Finally, it summarizes key provisions of the Convention on the Rights of the Child related to protecting children.
Similar to Convention against torture and other cruel, inhuman or degrading treatment (20)
Human abilities such as vision, hearing, strength and mobility are extremely limited and obsolete without tools. Various machines and technologies have surpassed and continue to surpass human capabilities in many areas. Robotic systems can see better over longer distances, hear a wider range of frequencies, lift far greater weights, move faster and with more endurance than humans. While humans invented sophisticated tools, those tools are now transforming what it means to be human as society relies on machines for most tasks.
Existential Risk Prevention as Global PriorityKarlos Svoboda
This document discusses existential risk, which is defined as risks that could cause human extinction or permanently and drastically curtail the potential of humanity. The author makes the case that existential risk reduction should be a top global priority for the following reasons:
1) Even small reductions in existential risk have enormous expected value due to the astronomical potential for future human life and development.
2) The largest existential risks are anthropogenic and linked to potential future technologies like advanced biotech, nanotech, and AI.
3) A moral argument can be made that existential risk reduction is more important than any other global issue due to the infinite value of the future of humanity.
4) Efforts should
Brain computer interaction and medical access to the brainKarlos Svoboda
This paper discusses current clinical applications and possible future uses of brain-computer interfaces (BCIs) as a means for communication, motor control and entertainment. After giving a brief account of the various approaches to direct brain-computer interaction, the paper will address individual, social and ethical implications of BCI technology to extract signals from the brain.
These include reflections on medical and psychosocial benefits and risks, user control, informed consent, autonomy and privacy as well as ethical and social issues implicated in putative future developments with focus on human self-understanding and the idea of man. BCI use which involves direct interrelation and mutual interdependence between human brains and technical
devices raises anthropological questions concerning self-perception and the technicalization of the human body.
A rights based model of governance - the case of human enhancementKarlos Svoboda
The current development of technology and scientificresearch may give rise to several
applications on human beings. In this context, emerging technologies can further foster
the applications on human beings and pave the way for new and incisive research towards human enhancement (HE).
2
Thanks to emerging technologies, HE can be more
effective and represent a concrete challenge for present societies, also in Europe. Scientists of the Northwestern University Feinberg School of Medicine, for instance, recently created a brain-synthesized estrogen that influences the synaptic structure,
function and cognitive processes by augmenting the networks among neurons (Svrivastava et al. 2010). Thus it could be a case of future brain-doping.
Ethics of security and surveillance technologies opinion 28Karlos Svoboda
This document discusses the ethics of security and surveillance technologies in the European Union. It summarizes numerous EU directives, regulations, communications and proposals related to data protection, communications surveillance, aviation security, border control, and law enforcement. It establishes the EGE's role in advising the EU on these issues and ensuring technologies respect fundamental rights and ethics.
Ethical aspect of ICT Implants in the Human bodyKarlos Svoboda
The document discusses ethical aspects of implanting information and communication technology (ICT) devices in the human body. It summarizes Opinion No. 20 issued by the European Group on Ethics in Science and New Technologies, which examines the ethical issues arising from ICT implants. The opinion addresses concerns regarding threats to human dignity, autonomy and privacy from implants that can permanently track individuals or remotely change the information contained. It notes some implants require special precaution due to risks of being difficult to remove, influencing psychic functions, or enabling social surveillance and manipulation.
Emerging Technoethics of Human Interaction with Communication, Bionic and Rob...Karlos Svoboda
AHS may be that f... system
In this deliverable, the protection and promotion of human rights is explored in connection with various case-studies in robotics, bionics, and AI agent technologies. This is done along various dimensions, prominently including human dignity, autonomy, responsibility, privacy,liberty, fairness, justice, and personal identity.
Ethical case-studies in robotics concern learning robots, unmanned combat air vehicles,robot companions, surgery robots, and a robotic street cleaning system. Case-studies illustrating current developments of the field with imminent potential applications comprise the robotic street cleaning system, surgery robots, and the unmanned air vehicles. Robots making extensive use of learning capabilities and robots acting as companions to human
beings represent somewhat more distant possibilities, enabling one to connect in meaningful ways an analysis of short-term ethical issues in robotics with a pro-active interest in longterm ethical issues.
The bionics case-studies considered here concern specific kinds of implants in the human body, investing the human peripheral or central nervous system, and other kinds of noninvasive brain-computer interfaces. These case-studies are closely related to the robotics case-studies, insofar as these bionic technologies enable one to connect to and often control robotic effectors and sensors. Ethical issues examined in connection with these technologies concern both a short-term perspective, mostly arising from their therapeutic uses, and a longterm perspective, mostly arising from the possibility of extending communication, control, cognitive, and perceptual capabilities of both disabled and non-disabled individuals.
This networking of humans with both robotic and computer-based information systems motivates the inclusion of a case-study about AI agent technologies in this report, concerning systems that have been with us for quite a while, that is, adaptive hypermedia systems for
educational applications. These technologies enable one to design and implement software agents that are similar to robotic agents, also from an ethical standpoint, insofar as they are capable of, e.g., autonomous action, reasoning, perception, and planning.
Ethical issues examined in this report will be amplified from the convergence of softbot and robotic technologies directly interacting with human beings and other biological systems by means of bionic interfaces. This long-term perspective shows that the case-studies examined here - which are significant in their own right from the isolated perspectives of robotics,bionics, and AI - can soon become parts of broader ethical problems that we will have to address and come with in the near future.
Some futurists and artificial intelligence experts envision credible scenarios in which synthetic brains will, within this century, extend the functionality of our own brains to the point where they will rival and then surpass the power of an or-ganic human brain. At the same time, humans seem to have no limitations when it comes to finding ways to attack the computerized devices that others have invent-ed. Attackers have successfully compromised computers, mobile phones, ATMs, telephone networks, and even networked power grids. If neural devices fulfill the promise of treatment, and enhance our quality of lives and functionality—which appears likely, given the preliminary clinical success demonstrated from neuropros-thetics— their use and adoption will likely grow in the future. When this happens, inevitably, a wide variety of legal, security, and public policy concerns will follow. We will begin this article with an overview of brain implants and neural devic-es and their likely uses in the future. We will then discuss the legal issues that will arise from the intersection among neural devices, information security, cybercrime, and the law.
Nanotechnology, ubiquitous computing and the internet of thingsKarlos Svoboda
The aim of this report is to provide a review of current developments in nanotechnology, ubiquitous
computing and what is increasingly being referred to as “domotics” – the integration of domestic architectures (domus) with information systems and devices (imformatics). The report will also provide a preliminary analysis of the potential impacts of these developments on the right to privacy and to data protection.
These areas of technological development represent the convergence of two domains of current research – nanoscience and distributed computing. Much of the existing literature suggests that advances in nanotechnology are likely to operate as a underlying suite of techniques that will enable the development of miniaturised and distributed information systems and the integration of informatics devices into a range of everyday consumer goods and household architectures. As we outline below the convergence of nanotechnology and research in ubiquitous and distributed systems is likely to result in the development of a range of new sensor technologies and advances in surveillance and monitoring techniques, deployed in civilian, military and security contexts. For these reasons advances in nanotechnology and ubiquitous computing are likely to intensify existing concerns associated with data collection and the right to privacy.
In order to provide some background to our review of these issues in this section of the report we outline definitions of the field and current trends in surveillance, data-mining and monitoring.
Identity REvolution multi disciplinary perspectivesKarlos Svoboda
The identity [r]evolution is happening. Who are
you, who am I in the information society ?
In recent years, the convergence of several factors – technological, political, economic –
has accelerated a fundamental change in our networked world. On a technological level, information
becomes easier to gather, to store, to exchange
and to process. The belief that more information
brings more security has been a strong political
driver to promote information gathering since September 11. Profiling intends to transform information into knowledge in order to anticipate one’s behaviour, or needs, or preferences. It can lead to
categorizations according to some specific risk criteria, for example, or to direct and personalized
marketing. As a consequence, new forms of identities appear. They are not necessarily related to our
names anymore. They are based on information,
on traces that we leave when we act or interact,
when we go somewhere or just stay in one place,
or even sometimes when we make a choice. They
are related to the SIM cards of our mobile phones,
to our credit card numbers, to the pseudonyms
that we use on the Internet, to our email addresses,
to the IP addresses of our computers, to our profiles… Like traditional identities, these new forms of
identities can allow us to distinguish an individual
within a group of people, or describe this person as
belonging to a community or a category.
MBAN medical body area network - first report and orderKarlos Svoboda
This document from the Federal Communications Commission establishes rules to permit new Medical Body Area Network (MBAN) devices to operate in the 2360-2400 MHz band. It adopts rules allowing secondary, non-interference based MBAN operations under a license-by-rule framework. It also establishes a registration and coordination process for MBAN users in the 2360-2390 MHz portion of the band to address compatibility with incumbent operations. The document proposes criteria for designating a frequency coordinator to manage these registration and coordination activities.
Intimate technology - the battle for our body and behaviourKarlos Svoboda
The document discusses how technology is becoming more intimate through devices that are inside our bodies, between us, that know information about us, and mimic human behaviors and traits. It explores how this is leading to humans being viewed more as machines that can be improved, machines taking on more human-like qualities, and changes to human interactions. Key questions raised include how close technology can and should get to us and whether intimacy and technology can truly be compatible concepts.
For ages, humans have developed cures for diseases and devised techniques which make the hardships of life more endurable. All these were believed to make human life more
humane, i.e. to help humans to live out their inherent (natural, God-given) potentiality to a fuller extent. Recent technology, known as human enhancement, challenges this 'natural'normativity: going beyond restoring wellbeing and optimizing human potentiality, enhancement also develops capacities which can, in a sense, be called new. Chemicals have become available that increase physical performance in, for example the field of sports. Other chemicals enhance psychological endurance, mood, and cognition. Work is in progress on developing functional implants within the body, such as computer chips
integrated in the brain, with the aim of enhancing performance beyond what humans are naturally capable of. Changes are being made to body cells and systems, and techniques are being discussed to change human genes. Finally, techniques are being developed, and in part already applied, which extend the human life-span. Human Enhancement is about trying to make changes to minds and bodies – to characteristics, abilities, emotions
and capacities – beyond what we currently regard as normal.
Making perfect life european governance challenges in 21st Century Bio-engine...Karlos Svoboda
The STOA project ‘Making Perfect Life’ looked into four fields of 21st century bioengineering: engineering of living artefacts, engineering of the body, engineering
of the brain, and engineering of intelligent artefacts. This report describes the main results of the project.
The report shows how developments in the four fields of bio-engineering are shaped by two megatrends: “biology becoming technology” and “technology becoming biology”. These developments result in a broadening of the bioengineering debate in our society. The report addresses the long term viewsthat are inspiring this debate and
discusses a multitude of ethical, legal and social issues that arise from bioengineering developments in the fields described. Against this background four specific developments are studied in more detail: the rise of human genome sequencing, the market introduction of neurodevices, the capturing by information technology of the psychological and physiological states of users, and
the pursuit of standardisation in synthetic biology. These developments are taken in this report as a starting point for an analysis of some of the main European governance challenges in 21st century bio-engineering.
Ambient Intelligence is a future vision where technology is integrated into people's environments and can understand and respond to their needs and behaviors. This report examines how Ambient Intelligence could impact healthcare. It identifies five levels of increasing intelligence - from embedding sensors to anticipating needs. Interviews with healthcare stakeholders explored opportunities and challenges around personalized care, like who has access to health data and for what purposes. Collective agreements are needed to ensure Ambient Intelligence enhances rather than threatens patient interests. The report aims to start a debate on these issues.
GRAY MATTERS Integrative Approaches for Neuroscience, Ethics, and SocietyKarlos Svoboda
This document discusses the importance of integrating ethics into neuroscience research. It notes that while neuroscience research raises many common ethical issues around privacy, consent and risk minimization, it also raises unique issues around privacy of thoughts, threats to personal volition and self-determination. Neuroscience highlights the complex relationships between human thought, emotion and action. The document emphasizes that integrating ethics into neuroscience research from the start can help address these issues and ensure research considers its societal implications. It provides recommendations to guide effective integration of ethics in neuroscience.
GRAY MATTERS Integrative Approaches for Neuroscience, Ethics, and Society
Convention against torture and other cruel, inhuman or degrading treatment
1. United Nations CAT/C/GC/3
Convention against Torture Distr.: General
19 November 2012
and Other Cruel, Inhuman
or Degrading Treatment Original: English
or Punishment
Committee against Torture
Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment
General Comment No. 3 of the Committee against Torture
Implementation of article 14 by States parties
1. This general comment explains and clarifies to States parties the content and scope
of the obligations under article 14 of the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. All States parties are
required to “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.” The Committee considers that article 14 is applicable to all
victims of torture and acts of cruel, inhuman or degrading treatment or punishment
(hereafter “ill-treatment”) without discrimination of any kind, in line with the Committee‟s
General Comment No. 2.
2. The Committee considers that the term “redress” in article 14 encompasses the
concepts of “effective remedy” and “reparation”. The comprehensive reparative concept
therefore entails restitution, compensation, rehabilitation, satisfaction and guarantees of
non-repetition and refers to the full scope of measures required to redress violations under
the Convention.
3. Victims are persons who individually or collectively suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of
their fundamental rights, through acts or omissions that constitute violations of the
Convention. A person should be considered a victim regardless of whether the perpetrator
of the violation is identified, apprehended, prosecuted or convicted, and regardless of any
familial or other relationship between the perpetrator and the victim. The term „victim‟ also
includes affected immediate family or dependants of the victim as well as persons who
have suffered harm in intervening to assist victims or to prevent victimization. The term
“survivors” may, in some cases, be preferred by persons who have suffered harm. The
Committee uses the legal term “victims” without prejudice to other terms which may be
preferable in specific contexts.
4. The Committee emphasises the importance of victim participation in the redress
process, and that the restoration of the dignity of the victim is the ultimate objective in the
provision of redress.
GE.12-
2. CAT/C/GC/3
5. The obligations of States parties to provide redress under article 14 are two-fold:
procedural and substantive. To satisfy their procedural obligations, States parties shall enact
legislation and establish complaints mechanisms, investigation bodies and institutions,
including independent judicial bodies, capable of determining the right to and awarding
redress for a victim of torture and ill-treatment, and ensure that such mechanisms and
bodies are effective and accessible to all victims. At the substantive level, States parties
shall ensure that victims of torture or ill-treatment obtain full and effective redress and
reparation, including compensation and the means for as full rehabilitation as possible.
Substantive Obligations: The Scope of the Right to Redress
6. As stated in paragraph 2 above, redress includes the following five forms of
reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-
repetition. The Committee recognises the elements of full redress under international law
and practice as outlined in 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. 1 Reparation must be adequate,
effective and comprehensive. States parties are reminded that in the determination of
redress and reparative measures provided or awarded to a victim of torture or ill-treatment,
the specificities and circumstances of each case must be taken into consideration and
redress should be tailored to the particular needs of the victim and be proportionate in
relation to gravity of the violations committed against them. The Committee emphasises
that the provision of reparation has an inherent preventive and deterrent effect in relation to
future violations.
7. Where State authorities or others acting in their official capacity committed, knew or
have reasonable grounds to believe that acts of torture or ill-treatment had been committed
by non-state officials or private actors and failed to exercise due diligence to prevent,
investigate, prosecute and punish such non-State officials or private actors in accordance
with the Convention, the State bears responsibility to provide redress for the victims
(General Comment No. 2).
Restitution
8. Restitution is a form of redress to re-establish the victim in his or her situation
before the violation of the Convention was committed, taking into consideration the
specificities of each case. The preventive obligations under the Convention require States
parties to ensure that the victim receiving such restitution is not placed in a position where
he or she is at risk of repetition of torture or ill-treatment. In certain cases, the victim may
consider that restitution is not possible due to the nature of the violation; however the State
shall provide the victim with full access to redress. For restitution to be effective, efforts
should be made to address structural causes to the violation, including any kind of
discrimination related to, for example, gender, sexual orientation, disability, political or
other opinion, ethnicity, age and religion, and all other grounds of discrimination
Compensation
9. The Committee emphasises that monetary compensation alone may not be sufficient
redress for a victim of torture and ill-treatment. The Committee affirms that the provision of
1
United Nations 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, General Assembly resolution 60/147, 16 December 2005
2
3. CAT/C/GC/3
only monetary compensation is inadequate for a State party to comply with its obligations
under article 14.
10. The right to prompt, fair and adequate compensation for torture or ill-treatment
under article 14 is multi-layered and compensation awarded to a victim should be sufficient
to compensate for any economically assessable damage resulting from torture or ill-
treatment, whether pecuniary or non-pecuniary. This may include: reimbursement of
medical expenses paid and provision of funds to cover future medical or rehabilitative
services needed by the victim to ensure as full rehabilitation as possible; pecuniary and
non-pecuniary damage resulting from the physical and mental harm caused; loss of
earnings and earning potential due to disabilities caused by the torture or ill-treatment; and
lost opportunities such as employment and education. In addition, adequate compensation
awarded by States parties to the victim of torture or ill-treatment should provide for legal or
specialised assistance, and other costs associated with bringing a claim for redress.
Rehabilitation
11. The Committee affirms that the provision of means for as full rehabilitation as
possible for anyone who has suffered harm as a result of a violation of the Convention
should be holistic and include medical and psychological care as well as legal and social
services. Rehabilitation, for the purposes of this general comment, refers to the restoration
of function or the acquisition of new skills required by the changed circumstances of a
victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible
self-sufficiency and function for the individual concerned, and may involve adjustments to
the person‟s physical and social environment. Rehabilitation for victims should aim to
restore, as far as possible, their independence, physical, mental, social and vocational
ability; and full inclusion and participation in society.
12. The Committee emphasises that the obligation of States parties to provide the means
for “as full rehabilitation as possible” refers to the need to restore and repair the harm
suffered by the victim whose life situation, including dignity, health and self-sufficiency
may never be fully recovered as a result of the pervasive effect of torture. The obligation
does not refer to the available resources of States parties and may not be postponed.
13. In order to fulfil its obligations to provide a victim of torture or ill-treatment with the
means for as full rehabilitation as possible, each State party should adopt a long-term and
integrated approach and ensure that specialised services for the victim of torture or ill-
treatment are available, appropriate and promptly accessible. These should include: a
procedure for the assessment and evaluation of an individual‟s therapeutic and other needs,
based on, among others, the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul
Protocol); and may include a wide range of inter-disciplinary measures, such as medical,
physical and psychological rehabilitative services; re-integrative and social services;
community and family-oriented assistance and services; vocational training, education etc.
A holistic approach to rehabilitation which also takes into consideration the strength and
resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-
traumatisation and have a valid fear of acts which remind them of the torture or ill-
treatment they endured. Consequently, a high priority should be placed on the need to
create a context of confidence and trust in which assistance can be provided. Confidential
services should be provided as required.
14. The Convention‟s requirement to provide these forms of rehabilitative services does
not extinguish the need to provide medical and psychosocial services for victims in the
direct aftermath of torture, nor does such initial care represent the fulfilment of the
obligation to provide means for as full a rehabilitation as possible.
3
4. CAT/C/GC/3
15. States parties shall ensure that effective rehabilitation services and programmes are
established in the State, taking into account victims culture, personality, history and
background and are accessible to all victims without discrimination and regardless of the
victim‟s identity or status within a marginalized or vulnerable group as illustrated in
paragraph 32 including asylum seekers and refugees. States parties‟ legislation should
establish concrete mechanisms and programmes for providing rehabilitation to victims of
torture or ill-treatment. Torture victims should be provided access to rehabilitation
programmes as soon as possible following an assessment by qualified independent medical
professionals. Access to rehabilitation programmes should not depend on the victim
pursuing judicial remedies. The obligation in article 14 to provide for the means for as full
rehabilitation as possible can be fulfilled through the direct provision of rehabilitative
services by the State, or through the funding of private medical, legal and other facilities,
including those administered by NGOs in which case the State shall ensure that no reprisals
or intimidation are directed to them. The victim participation in the selection of the service
provider is essential. Services should be available in relevant languages. States parties are
encouraged to establish systems for assessing the effective implementation of rehabilitation
programs and services, including by using appropriate indicators and benchmarks.
Satisfaction and the right to truth
16. Satisfaction should include, by way of and in addition to the obligations of
investigation and criminal prosecution under articles 12 and 13 of the Convention, any or
all of the following remedies: effective measures aimed at the cessation of continuing
violations; verification of the facts and full and public disclosure of the truth to the extent
that such disclosure does not cause further harm or threaten the safety and interests of the
victim, the victim‟s relatives, witnesses, or persons who have intervened to assist the victim
or prevent the occurrence of further violations; the search for the whereabouts of the
disappeared, for the identities of the children abducted, and for the bodies of those killed,
and assistance in the recovery, identification, and reburial of victims‟ bodies in accordance
with the expressed or presumed wish of the victims or affected families; an official
declaration or judicial decision restoring the dignity, the reputation and the rights of the
victim and of persons closely connected with the victim; judicial and administrative
sanctions against persons liable for the violations; public apologies, including
acknowledgement of the facts and acceptance of responsibility; commemorations and
tributes to the victims.
17. A State‟s failure to investigate, criminally prosecute, or to allow civil proceedings
related to allegations of acts of torture in a prompt manner, may constitute a de facto denial
of redress and thus constitute a violation of the State‟s obligations under article 14.
Guarantees of non-repetition
18. Articles 1 to 16 of the Convention constitute specific preventive measures that the
States parties deemed essential to prevent torture and ill-treatment. To guarantee non-
repetition of torture or ill-treatment, States parties should undertake measures to combat
impunity for violations of the Convention. Such measures include establishing effective
clear instructions to public officials on the provisions of the Convention, especially the
absolute prohibition of torture. Other measures should include any or all of the following:
civilian oversight of military and security forces; ensuring that all judicial proceedings
abide by international standards of due process, fairness and impartiality; strengthening the
independence of the judiciary; protecting human rights defenders and legal, health and
other professionals who assist torture victims; establishing systems for regular and
independent monitoring of all places of detention; providing, on a priority and continued
basis, training for law enforcement officials as well as military and security forces on
human rights law that includes the specific needs of marginalized and vulnerable
4
5. CAT/C/GC/3
populations and specific training on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (The Istanbul Protocol) for health and legal professionals and law enforcement
officials; promoting the observance of international standards and codes of conduct by
public servants, including law enforcement, correctional, medical, psychological, social
service and military personnel; reviewing and reforming laws contributing to or allowing
torture and ill-treatment; ensuring compliance with Article 3 of the Convention prohibiting
refoulement; ensuring the availability of temporary services, for individuals or groups of
individuals, such as shelters for victims of gender-related or other torture or ill-
treatment.The Committee notes that by taking measures such as those listed herein, States
parties may also be fulfilling their obligations to prevent acts of torture under article 2 of
the Convention. Additionally, guarantees of non-repetition offer an important potential for
the transformation of social relations that may be the underlying causes of violence and
may include, but are not limited to, amending relevant laws, fighting impunity, and taking
effective preventative and deterrent measures.
Procedural Obligations: Implementation of the Right to Redress
Legislation
19. Under article 2 of the Convention, States parties shall enact “effective legislative,
administrative, judicial or other measures to prevent acts of torture in any territory under its
jurisdiction.” As clarified by the Committee in General Comment 2, “States parties must
make the offence of torture punishable as an offence under its criminal law, in accordance,
at a minimum, with the elements of torture as defined in article 1 of the Convention, and the
requirements of article 4.” The failure of States parties to enact legislation that clearly
incorporates their obligations under the Convention and criminalizes torture and ill-
treatment, and the resulting absences of torture and ill-treatment as criminal offences,
obstructs the victim‟s capacity to access and enjoy his or her rights guaranteed under article
14.
20. To give effect to article 14, States parties shall enact legislation specifically
providing a victim of torture and ill-treatment with an effective remedy and the right to
obtain adequate and appropriate redress, including compensation and as full rehabilitation
as possible. Such legislation must allow for individuals to exercise this right and ensure
their access to a judicial remedy. While collective reparation and administrative reparation
programmes may be acceptable as a form of redress, such programmes may not render
ineffective the individual right to a remedy and to obtain redress.
21. States parties should ensure that their domestic laws provide that a victim who has
suffered violence or trauma should benefit from adequate care and protection to avoid his
or her re-traumatisation in the course of legal and administrative procedures designed to
provide justice and reparation.
22. Under the Convention, States parties are required to prosecute or extradite alleged
perpetrators of torture when they are found in any territory under its jurisdiction, and to
adopt the necessary legislation to make this possible. The Committee considers that the
application of article 14 is not limited to victims who were harmed in the territory of the
State party or by or against nationals of the State party. The Committee has commended the
efforts of States parties for providing civil remedies for victims who were subjected to
torture or ill-treatment outside their territory. This is particularly important when a victim is
unable to exercise the rights guaranteed under article 14 in the territory where the violation
took place. Indeed, article 14 requires States parties to ensure that all victims of torture and
ill-treatment are able to access remedy and obtain redress.
5
6. CAT/C/GC/3
Effective Mechanisms for Complaints and Investigations
23. The Committee has, in its concluding observations, identified other State obligations
that shall be met in order to ensure that the article 14 rights of a victim are fully respected.
In this regard, the Committee underscores the important relationship between States parties‟
fulfilment of their obligations under article 12 and 13, and their obligation under article 14.
According to article 12, States parties shall undertake prompt, effective and impartial
investigations, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction as the result of its actions or omissions and,
as set out in article 13 and affirmed by the Committee in General Comment 2, ensure that
impartial and effective complaints mechanisms are established. Full redress cannot be
obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints
mechanisms shall be made known and accessible to the public, including to persons
deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via for
example, telephone hotlines or confidential complaints boxes in detention facilities, and to
persons belonging to vulnerable or marginalized groups, including those who may have
limited communication abilities.
24. At the procedural level, States parties shall ensure the existence of institutions
competent to render enforceable final decisions through a procedure established by law to
enable victims of torture or ill-treatment to secure redress, including adequate
compensation and rehabilitation.
25. Securing the victim‟s right to redress requires that a State party‟s competent
authorities promptly, effectively and impartially investigate and examine the case of any
individual who alleges she or he has been subjected to torture or ill-treatment. Such an
investigation should include as a standard measure an independent physical and
psychological forensic examination as provided for in the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol). Undue delays in initiating or concluding
legal investigations into complaints of torture or ill-treatment compromise victims‟ rights
under article 14 to obtain redress, including fair and adequate compensation and the means
for as full rehabilitation as possible.
26. Notwithstanding the evidentiary benefits to victims afforded by a criminal
investigation, a civil proceeding and the victim‟s claim for reparation should not be
dependent on the conclusion of a criminal proceeding. The Committee considers that
compensation should not be unduly delayed until criminal liability has been established.
Civil liability should be available independently of the criminal proceeding and necessary
legislation and institutions for such purpose should be in place. If criminal proceedings are
required by domestic legislation to take place before civil compensation can be sought, then
the absence or undue delay of those criminal proceedings constitute a failure on behalf of
the State party to fulfil its obligations under the Convention. Disciplinary action alone shall
not be regarded as an effective remedy within the meaning of article 14.
27. Under article 14, a State party shall ensure that victims of any act of torture or ill-
treatment under its jurisdiction obtain redress. States parties have an obligation to take all
necessary and effective measures to ensure that all victims of these acts obtain redress. This
obligation includes that State parties promptly initiate a process to ensure that victims
obtain redress, even in the absence of a complaint, when there are reasonable grounds to
believe that torture or ill-treatment has taken place.
28. The Committee strongly encourages States parties to recognise the Committee‟s
competence to consider individual complaints under article 22 to allow victims to submit
communications and seek the views of the Committee. The Committee furthermore
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encourages States parties to ratify or accede to the Optional Protocol to the Convention
against Torture in order to strengthen preventive measures against torture and ill-treatment.
Access to Mechanisms for Obtaining Redress
29. The Committee highlights the importance of the State party affirmatively ensuring
that victims and their families are adequately informed of their right to pursue redress. In
this regard, the procedures for seeking reparation should be transparent. The State party
should moreover provide assistance and support to minimise the hardship to complainants
and their representatives. Civil proceedings, or other proceedings, should not impose a
financial burden upon victims that would prevent or discourage them from seeking redress.
Where existing civil proceedings are unable to provide adequate redress to victims, the
Committee recommends implementing mechanisms that are readily accessible to victims of
torture and ill-treatment, including the establishment of a national fund to provide redress
for victims of torture. Special measures should be adopted to ensure access by persons
belonging to groups who have been marginalised or made vulnerable.
30. Judicial remedies must always be available to victims, irrespective of what other
remedies may be available, and should enable victim participation. States parties should
provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary
resources to bring complaints and to make claims for redress. States parties shall also make
readily available to the victims all evidence concerning acts of torture or ill-treatment upon
the request of victims, their legal counsel, or a judge. A State party‟s failure to provide
evidence and information, such as records of medical evaluations or treatment, can unduly
impair victims‟ ability to lodge complaints and to seek redress, compensation, and
rehabilitation.
31. The State party should also take measures to prevent interference with victims‟
privacy and to protect victims, their families and witnesses and others who have intervened
on their behalf against intimidation and retaliation at all times before, during and after
judicial, administrative or other proceedings that affect the interests of victims. Failure to
provide protection stands in the way of victims filing complaints and thereby violates the
right to seek and obtain redress and remedy.
32. The principle of non-discrimination is a basic and general principle in the protection
of human rights and fundamental to the interpretation and application of the Convention.
States parties shall ensure that, access to justice and to mechanisms for seeking and
obtaining redress are readily available and that positive measures ensure that redress is
equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or
affiliation, political or other opinion, national or social origin, gender, sexual orientation,
gender identity, mental or other disability, health status, economic or indigenous status,
reason for which the person is detained, including persons accused of political offences or
terrorist acts, asylum-seekers, refugees or others under international protection, or any other
status or adverse distinction, and including those marginalized or made vulnerable on bases
such as those above. Culturally sensitive collective reparation measures shall be available
for groups with shared identity, such as those belonging to minority groups, indigenous
groups, and others. The Committee notes that collective measures do not exclude the
individual right to redress.
33. Judicial and non-judicial proceedings shall apply gender sensitive procedures which
avoid re-victimisation and stigmatisation of victims of torture or ill-treatment. With respect
to sexual or gender-based violence and access to due process and an impartial judiciary, the
Committee emphasizes that in any proceedings, civil or criminal, to determine the victim's
right to redress, including compensation, rules of evidence and procedure in relation to
gender-based violence must afford equal weight to the testimony of women and girls, as it
should be for all other victims, and prevent the introduction of discriminatory evidence and
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harassment of victims and witnesses. The Committee considers that complaints
mechanisms and investigations require specific positive measures which take into account
gender aspects in order to ensure that victims of abuses such as sexual violence and abuse,
rape, marital rape, domestic violence, female genital mutilation, and trafficking are able to
come forward and seek and obtain redress.
34. To avoid re-victimisation and stigmatisation of victims of torture or ill-treatment, the
protections outlined in the preceding paragraph equally apply to any person marginalized or
made vulnerable on the basis of identities and groups such as those examples listed under
the principle of non-discrimination in paragraph 32. Judicial and non-judicial proceedings
must exercise sensitivity toward any such person. Accordingly, the Committee notes that
judicial personnel must receive specific training on the various impacts of torture and ill-
treatment, including the impacts on victims from marginalized and vulnerable groups, and
on how to exercise sensitivity towards victims of torture and ill-treatment, including in the
form of sexual- or gender-based discrimination, in order to prevent re-victimization and
stigmatization.
35. The Committee considers the training of relevant police, prison staff, medical
personnel, judicial personnel and immigration personnel, including training on the Istanbul
Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and
personnel involved in efforts to obtain redress should receive methodological training in
order to prevent re-traumatisation of victims of torture or ill-treatment. This training should
include, for health and medical personnel, the need to inform victims of gender-based and
sexual violence and all other forms of discrimination of the availability of emergency
medical procedures, physical as well as psychological. The Committee also urges States
parties to establish human rights offices within police forces and units of officers
specifically trained to handle cases of gender-based and sexual violence, including sexual
violence perpetrated against men and boys, and violence against children and ethnic,
religious, national or other minorities and other marginalized or vulnerable groups.
36. The Committee furthermore underlines the importance that appropriate procedures
are made available to address the needs of children, taking into account the best interests of
the child and the child‟s right to express his or her views freely in all matters affecting him
or her, including judicial and administrative proceedings, and that the views of the child are
given due weight in accordance with the age and maturity of the child. States parties should
ensure the availability of child sensitive measures for reparation which foster the health and
dignity of the child.
Obstacles to the Right to Redress
37. A crucial component of the right to redress is the clear acknowledgement by the
responsible State party that the reparative measures provided or awarded to a victim are for
violations of the Convention, by action or omission. The Committee is therefore of the view
that a State party may not implement development measures or provide humanitarian
assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a
State party to provide the individual victim of torture with redress may not be justified by
invoking a State‟s level of development. The Committee reminds that change of
government as well as successor states still have the obligations to guarantee access to the
right of redress.
38. States parties to the Convention have an obligation to ensure that the right to redress
is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent
effective implementation of article 14 include, but are not limited to: inadequate national
legislation, discrimination in accessing complaints and investigation mechanisms and
procedures for remedy and redress; inadequate measures to secure the custody of alleged
perpetrators, state secrecy laws, evidential burdens and procedural requirements that
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interfere with the determination of the right to redress; statutes of limitations, amnesties and
immunities; the failure to provide sufficient legal aid and protection measures for victims
and witnesses; as well associated stigma, and the physical, psychological and other related
effects of torture and ill-treatment. In addition, the failure of a State party to execute
judgments providing reparative measures for a victim of torture, handed down by either
national, international or regional courts, constitute a significant impediment to the right to
redress. States parties should develop coordinated mechanisms to enable victims to execute
judgments across State lines, including recognizing the validity of court orders from other
States parties and assisting in locating the assets of perpetrators.
39. With regard to the obligations in article 14, States parties shall ensure both de jure
and de facto access to timely and effective redress mechanisms for members of groups
marginalized and/or made vulnerable, avoid measures that impede the ability of members
of such groups to seek and obtain redress, and address formal or informal obstacles that
they may face in obtaining redress. These may include, for example, inadequate judicial or
other procedures for quantifying damages which may have a negative disparate impact on
such individuals in accessing or keeping money. As the Committee has emphasized in its
General Comment No. 2, “gender is a key factor. Being female intersects with other
identifying characteristics or status of the person…to determine the ways that women and
girls are subject to or at risk of torture or ill-treatment”. States parties shall ensure due
attention to gender in providing all the elements cited above in the process of ensuring that
everybody, in particular members of groups made vulnerable, including LGBT must be
treated fairly and equally and obtain fair and adequate compensation, rehabilitation and
other reparative measures which respond to their specific needs
40. On account of the continuous nature of the effects of torture, statutes of limitations
should not be applicable as these deprive victims of the redress, compensation, and
rehabilitation due to them. For many victims, passage of time does not attenuate the harm
and in some cases the harm may increase as a result of post-traumatic stress that requires
medical, psychological and social support, which is often inaccessible to those whom have
not received redress. States parties shall ensure that all victims of torture or ill-treatment,
regardless of when the violation occurred or whether it was carried out by or with the
acquiescence of a former regime, are able to access their rights to remedy and to obtain
redress.
41. The Committee has consistently held that amnesties for the crime of torture are
incompatible with the obligations of States parties under the Convention, including under
article 14. As was pointed out in General Comment 2, “amnesties preclude or indicate
unwillingness to provide prompt and fair prosecution and punishment of perpetrators of
torture or ill-treatment violate the principle of non-derogability.” The Committee considers
that amnesties for torture and ill-treatment pose impermissible obstacles to a victim in his
or her efforts to obtain redress and contributes to a climate of impunity. The Committee
therefore calls on States parties to remove any amnesties for torture or ill-treatment.
42. Similarly, granting immunity in violation of international law, to any State or its
agents or to non-state actors for torture or ill-treatment, is in direct conflict with the
obligation of providing redress to victims. When impunity is allowed by law or exists de
facto, it bars victims from seeking full redress as it allows the violators to go unpunished
and denies victims the full insurance of their rights under article 14. The Committee affirms
that under no circumstances may arguments of national security be used to deny redress for
victims.
43. The Committee considers reservations which seek to limit the application of article
14 to be incompatible with the object and purpose of the Convention. States parties are
therefore encouraged to consider withdrawing any reservations to article 14 that limit its
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application so as to ensure that all victims of torture or ill-treatment have access to redress
and remedy.
United Nations Voluntary Fund for Victims of Torture
44. Voluntary contributions to international funds for victims of torture play an
important role in providing assistance to them. The Committee highlights the important
work done by the United Nations Voluntary Fund for Victims of Torture, which provides
humanitarian assistance to victims of torture. The Committee highlights also the possibility
for States parties to make voluntary contributions to this fund, irrespective of the national
measures taken or contributions made.
Monitoring and Reporting
45. States parties shall establish a system to oversee, monitor, evaluate, and report on
their provision of redress measures and necessary rehabilitation services to victims of
torture or ill-treatment. Accordingly, States parties should include in their reports to the
Committee data disaggregated by age, gender, nationality, and other key factors regarding
redress measures afforded to victims of torture or ill-treatment, in order to meet their
obligation as recalled in General Comment 2 to provide continual evaluation of their efforts
to provide redress to victims.
46. On the implementation of article 14, the Committee has observed the need to
provide adequate information on the implementation of article 14 in States parties‟ reports.
Therefore, the Committee wishes to underscore that specific information should be
provided on the following;
(a) The number of victims of torture or ill-treatment who have sought
compensation through legal, administrative and other means and the nature of the violations
alleged; the number of victims that have been awarded compensation; and in what amounts;
(b) The measures taken to assist victims in the direct aftermath of torture;
(c) The rehabilitation facilities available to victims of torture or ill-treatment
and their accessibility, as well as the budget allocation for rehabilitation programmes and
the number of victims that have received rehabilitative services appropriate to their needs;
(d) The methods available for assessing the effectiveness of rehabilitation
programs and services, including the application of appropriate indicators and benchmarks,
and the result of such assessment;
(e) The measures taken to ensure satisfaction and guarantees of non-
repetition;
(f) The domestic legislation which provides victims of torture or ill-treatment
with the right to remedy and redress and relevant implementation measures taken by the
State party. Where such legislation is lacking, reports should include information on the
measures taken by the State party to adopt and implement such legislation.
(g) The measures taken to ensure that all victims of torture or ill-treatment are
able to exercise and enjoy their rights under article 14.
(h) The complaints mechanisms available for victims of torture or ill-
treatment, including how such mechanisms are made known and accessible to all victims.
States parties should also include data disaggregated by age, gender, nationality, location,
and alleged violation, on the number of complaints received through such mechanisms.
(i) The measures taken by States parties to ensure that all allegations of
torture and ill-treatment are effectively investigated.
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(j) The legislation and policy measures designed to positively identify
victims of torture in order to provide them with redress.
(k) The available avenues for a victim of torture or ill-treatment to obtain
redress, including all criminal, civil, administrative, and non-judicial procedures such as
administrative reparation programmes, as well as information on the number of victims who
have accessed such mechanisms, how many obtained redress and reparative measures, and
in what forms and/or amounts.
(l) The legal aid and witness protection available to victims of torture or ill-
treatment as well as witnesses and others who have intervened on behalf of victims,
including how such protection is made known and how it is made available in practice; the
number of victims who have been granted legal aid; the number of persons who have been
protected by State witness protection; and the State party‟s evaluation of the effectiveness of
such protection.
(m) The steps taken to implement judgments by national, regional or
international courts, including the amount of time lapsed from the date of the judgment and
the actual provision of compensation or other forms of redress. States parties should also
include disaggregated data on the number of victims designated to receive reparative
measures in court judgments and the number that actually received redress, and for what
violations.
(n) The safeguards available for the special protection of members of
marginalized or vulnerable groups including women and children seeking to exercise the
rights guaranteed under article 14 of the Convention.
(o) Any such other matters that the Committee may require.
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