responsible not only for intentional acts, but also for
negligence.
The CAT not only defines torture and its various elements, but
also puts the contracting parties, according to Article 4, under
the obligation of ensuring that all acts of torture, attempt to
torture and complicity or participation in torture are
punishable by appropriate penalties, which take into account
their grave nature.17 Moreover, Article 12 of the CAT
stipulates that “[e]ach State Party shall ensure that its
competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe
that an act of torture has been committed in any territory
under its jurisdiction.” The CAT also puts the States parties
under the obligation to take necessary measures to ensure
that the complainants and witnesses of any incidence of
torture are protected against all ill-treatment or intimidation
as a consequence of her complaint or any evidence given.18
Most importantly, the CAT provides for compensation for
torture: “Each State Party shall 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. In
the event of the death of the victim as a result of an act of
torture, his dependants shall be entitled to compensation.”19
17
Article 4 of the CAT.
Article 13 of the CAT.
19
See, Article 14 of the CAT.
18
26