Combating Torture and Other Ill-treatment: A Manual for Action

Page 264

CHAPTER 6 ENSURING JUSTICE, TRUTH AND OTHER REPARATION FOR VICTIMS OF TORTURE AND OTHER ILL-TREATMENT States should criminalize torture and other acts of ill-treatment effectively in domestic law. All complaints or reports of torture and other ill-treatment must be promptly, thoroughly and impartially investigated. Where sufficient, admissible evidence exists, those suspected of committing the crime of torture or other acts of ill-treatment should be prosecuted in proceedings that meet international standards of fairness or extradited to another country or international tribunal that is able and willing to do so. States must exercise universal jurisdiction over torture and other acts of ill-treatment that are crimes under international law. States must ensure that victims are provided with an effective remedy, including full and effective reparation to address the harm they have suffered.

6.1 The obligation to ensure justice, truth and other reparation 6.2 Criminalizing torture and other acts of ill-treatment in domestic law 6.2.1 Criminalizing torture as a distinct crime in domestic criminal law 6.2.2 Criminalizing assistance and participation in torture, including forms of command and superior responsibility, and attempts to commit torture 6.2.3 Criminalizing torture as a war crime and a crime against humanity 6.2.4 Criminalizing other acts of ill-treatment 6.2.5 Key principles in enacting or amending domestic laws 6.3 Investigation 6.3.1 Obligation to investigate 6.3.2 Elements of an effective investigation 6.3.3 Investigations supplemental to criminal investigations 6.4 Prosecuting those suspected of torture or other acts of ill-treatment 6.4.1 Universal jurisdiction 6.4.2 International justice 6.5 Reparation 6.5.1 Definition of a victim 6.5.2 Forms of reparation 6.5.3 Reparation for victims of abuse committed by non-state actors 6.5.4 United Nations Voluntary Fund for Victims of Torture 6.5.5 The International Criminal Court’s Trust Fund for Victims

Combating torture and other ill-treatment

263


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.