effective access to justice; adequate, effective and prompt reparation for harm suffered;
and access to relevant information concerning violations and reparations mechanisms.
•
Under section IX of the Basic Principles the four general types of reparation are identified
as restitution (restoring the victim to the position before the violation occurred);
compensation (monetary payment for economically assessable damage resulting from
violations); rehabilitation (including, as necessary, medical and psychological care and
relevant social services); and satisfaction and guarantees of non-repetition (including
public acknowledgement of the violation and criminal and/or administrative sanctions
against those responsible for the violations).
•
One of the important international remedial measures is the individual complaint
mechanisms of international bodies, including under article 22 of CAT and the First
Optional Protocol of the ICCPR.
•
Whether or not states have ratified relevant treaties, individuals may at any time (whether
the relevant state has consented or not and whether or not domestic remedies have been
exhausted) seek the assistance of the (UN) Special Rapporteur on Torture who can
advocate redress from the relevant states on behalf of the aggrieved person.
(vii)
the nature of the protection to be afforded to persons being forcibly returned to a
country in which they may face torture or other forms of ill-treatment.
•
International law prohibits forcible return (‘non-refoulement’) of a person to a country
where he or she has a well-founded fear of persecution.
•
There are possible exceptions with regard to a person who is a danger to the security of
the country where he or she is, or one who, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to that country. This is the position
according to the Refugee Convention 1951 and its 1967 Protocol.
•
The principle of non-refoulement applies in the case of torture and cruel, inhuman or
degrading treatment or punishment.
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