alleged, the onus is on the prosecution to prove that the confession was made without duress. (vi) the remedial measures that should be made available to victims of torture and other forms of ill-treatment, including complaints systems, compensation mechanisms and medical rehabilitation. • Under international law there exists a general right to reparation for breach of an international wrong. Reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed (see Chorzow Factory Case (1928) of the Permanent Court of Arbitration). • Article 2(3) of the ICCPR requires states to ensure that persons whose rights have been violated have an effective remedy. • Article 12 of CAT provides that states must ensure that the relevant authorities conduct a prompt and impartial investigation whenever there are reasonable grounds to believe an act of torture has been committed in its jurisdiction (see also Principle 11 of the Istanbul Principles). • Article 13 of CAT provides that any individual who alleges torture must have the right to complain and have his or her case promptly and impartially examined by the relevant authorities. Steps must be taken to ensure that the complainant and witnesses are protected against ill-treatment or intimidation as a consequence of the complaint or any evidence given. • Article 14 of the CAT requires states to ensure that effective remedies are available to victims of torture. • The UN Commission on Human Rights recently adopted the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law. According to Principle 11, remedies for violations of international human rights law include: the victim’s right to equal and 34

اختر الفقرة المستهدفة3