Articles 12 and 13 of CAT require state parties to carry out a prompt and impartial
investigation of allegations of torture and to provide avenues to complain. Proper witness
and victim protection measures must be put in place to ensure there is no ill treatment as a
result of the complaint or the giving of evidence.
There is a general right, under international law, to reparation. This must wipe out, as far as
possible, the consequences of the illegal act50. Article 2(3) of the ICCPR requires states to
ensure that any persons where rights are violated there is an effective remedy. Article 14 of
CAT provides that victims of torture should receive appropriate redress.
It follows from the fact that torture and other forms of ill-treatment are prohibited by
customary international law and that the prohibition against torture is a peremptory norm or
jus cogens that a statement made as a result of torture and other ill-treatment should be
excluded from any proceedings.
Article 15 of CAT requires state parties to ensure that any statement which is established to
have been made as a result of torture shall not be invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made.
The prohibition set out in Article 15 of CAT has been reiterated by the Special Rapporteur on
Torture on several occasions.51
The Body of Principles provides that:
•
Non-compliance with the (UN) Body of Principles in obtaining evidence shall be taken
into account in determining the admissibility of such evidence against a detained or
imprisoned person.52
50
See Permanent Court of Arbitration, Chorzow Factory Case (Ger. V Pol.), (1928) P.C.I.J., Sr.A, No.17.
See for example Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment, ‘Question of the human rights of all persons subjected to any form of detention or imprisonment’,
Commission on Human Rights, forty-ninth sessions, E/CN.4/1993/26, 15 December 1992, para 587; Report of
the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment, ‘Civil and
Political Rights, including the questions of torture and detention’, E/CN.4/2004/56, 23 December 2003, para 33.
52
Principle 27, Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment.
51
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