is a party. 193 Referring to its Article 14, which concerns the obligation to ensure measures of
reparation, 194 the Committee against Torture has stated that “[t]he comprehensive
reparative concept therefore entails restitution, compensation, rehabilitation, satisfaction
and guarantees of non-repetition and refers to the full scope of measures required to
redress violations under the Convention.” 195 The Committee also stated that:
Reparation must be adequate, effective and comprehensive. States parties are reminded that
in the determination of redress and reparative measures provided or awarded to a victim of
torture or ill-treatment, the specificities and circumstances of each case must be taken into
consideration and redress should be tailored to the particular needs of the victim and be
proportionate to the gravity of the violations committed against them. 196
189. In addition, the Court has indicated that “if domestic mechanisms exist to determine
forms of reparation, these procedures and [their] results must be assessed” and that, to this
end, it should be considered whether they “are objective, reasonable and effective.” 197 In
the case of Chile, the Court has noted the existence of difference measures 198 and, when
reparations and costs. Judgment of November 16, 2009. Series C No. 205, para. 43)]. In this regard, the Court has
considered that ‘when interpreting a treaty, not only the formal agreements and instruments related to it are taken
into account (second paragraph of Article 31 of the Vienna Convention), but also the system within which it is
inserted (third paragraph of Article 31’; namely, international human rights law” (Cf. The Right to Information on
Consular Assistance within the Framework of the Guarantee of Due Process of Law. Advisory Opinion OC-16/99 of
October 1, 1999. Series A No. 16, para. 113, and Case of Artavia Murillo et al. (“In Vitro fertilization”) v. Costa
Rica. Preliminary objections, merits, reparations and costs. Judgment of November 28, 2012. Series C. No. 257,
para. 191).
193
The treaty was adopted and opened to signature, ratification and accession by the United Nations General
Assembly in resolution 39/46, of December 10, 1984. It entered into force on June 26, 1987. The State of Chile
ratified it on September 30, 1988.
194
This article states that “[e]ach 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.”
195
Committee against Torture. General Comment Nº 3 (2012), supra, para. 2. Expert witness Sveaass agreed
with this assessment, and referred to this General Comment repeatedly in support of her expert opinion and in this
indicated that “General Comment [No. 3 of the Committee against Torture] clarifies the standards and sets out the
specific obligation and the ways in which reparation can be ensured. [… I]t represents the standard for evaluating
compliance with [the obligation to provide reparation to victims of torture], and based on this, [her expert opinion]
refer[red] to the text of the General Comment” (merits file, tome II, fs. 521 and 522). Similarly, expert witness
Treue indicated that “[a] basic reference point for international standards regarding reparation, specifically for
victims of torture and ill-treatment is General Comment No. 3 […] of the Committee against Torture (Expert opinion
provided by affidavit by Felícitas Treue (merits file, tome II, fs. 629 to 641). In this regard, the Court has
considered that reparation is the generic term that cover the different ways in which a State can remedy the
international responsibility it has incurred (such as, restitutio in integrum, compensation, satisfaction, and
guarantees of non-repetition). Cf. Case of Loayza Tamayo v. Peru. Reparations and costs. Judgment of November
27, 1998. Series C No 42 para. 85, and Case of Suárez Peralta v. Ecuador, supra, para. 164.
196
Committee against Torture. General Comment No. 3 (2012), supra, para. 6.
197
Cf. Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, supra, para. 303, and Case of Manuel
Cepeda Vargas v. Colombia, supra, para. 246.
198
Cf. Case of Almonacid Arellano et al. v. Chile, supra, para. 82.29 to 82.33. The Court considered it proved
in that case that “[o]n February 8, 1992, Law No. 19,123 creating the National Reparation and Reconciliation
Corporation was published in the Official Gazette. Its purpose was ‘to coordinate, implement and promote any
actions necessary to comply with the recommendations contained in the Report of the National Truth and
Reconciliation Commission.’ To that effect, a monthly pension was granted to the next of kin of the victims of
human rights violations or political violence; they were granted the right to receive certain free medical and
educational benefits, and the children of victims were exempted from obligatory military service, if they requested
this. […] On November 11, 2003, Supreme Decree No. 1,040 was published in the Official Gazette creating the
National Commission on Political Imprisonment and Torture, for the Clarification of the Truth with regard to
individuals who were deprived of liberty and tortured for political reasons during the military dictatorship. Moreover,
in its final report, the Commission proposed individual measures of reparation (established in Law No. 19,992) and
also collective and symbolic measures. […] On October 29, 2004, Law No. 19,980 was passed. This law amended
Law No. 19,123 […], by expanding the benefits and adding new ones for the next of kin of the victims, including, in
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