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
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