GUIDE ON ANTI-TORTURE LEGISLATION
23. The Committee considers that States parties are not to provide for
statute of limitations with regards to the crime of torture
44
24. The Committee considers that States parties are not to allow other
impediments to prosecution and punishment for torture
45
Summary of the elements - Chapter 6 – Amnesties, immunity, statute of
limitations and other impediments
Primary elements
45
45
Chapter 7 – Non-refoulement
47
25. The Convention requires States parties to incorporate the
principle of non-refoulement 47
26. The UN Human Rights Committee and other bodies and courts
considers applying the principle of non-refoulement to risks of CIDTP 50
Summary of the elements – Chapter 7 – Non-refoulement
Primary elements
Recommended elements
Chapter 8 – Redress
51
51
51
53
27. The Convention requires States parties to enact legislation recognising
a right to redress for victims of torture
53
28. The Committee considers that States parties are to enact legislation
recognising a right to redress for victims of CIDTP
54
29. The Committee considers that States parties are to ensure forms
of reparation that include restitution, compensation, rehabilitation,
satisfaction, and guarantees of non-repetition
55
30. The Committee recommends that States parties ensure civil reparation
without prior criminal proceedings
56
31. The Committee considers that victims entitled to redress are all those
who suffered from torture, suffered while trying to prevent torture
and family and dependents of immediate victims
56
Summary of the elements – Chapter 8 – Redress
Primary elements
Recommended elements
57
57
57
Addendum – The compiled list of elements
59
Definition of torture
Primary elements
Recommended elements
Optional elements
59
59
59
59
Modes of liability
Primary elements
59
59
Exclusionary rule
Primary elements
60
60
5