All States must provide statutory protection with redress against Human Rights violations. State responsibility for Human Rights violations are discharged only when a victim receives an effective remedy. Whilst defined by the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 victims are persons “...whose nationally or internationally recognised human rights and fundamental freedoms have been violated as a consequence of government acts or omissions.” There is a generalised requirement under Article 2 (1) of the International Covenant on Civil and Political Rights to respect Human Rights, in the interpretation of which there exist various positive obligations. Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 defines “torture” Article 2 of which requires States to take effective legislative and other measures to prevent torture. Each State Party under the Convention against Torture, shall, under Article 4, ensure that all such incidences are also offences under its domestic, as well as international law, punishable by sentences appropriate to their gravity. A person suspected of any offence defined by the Convention, is to be prosecuted by the domestic courts within the State Party’s own jurisdiction. Article 10 obliges States to ensure that officials “involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment” are duly informed as to the unlawful nature of all forms of conduct likely to offend the provisions of the Convention and (under Article 11) to periodically review its custodial policies and interrogation rules. Article 12 requires States to promptly and impartially investigate all allegations of torture. Article 13 conferring a right upon a victim to complain and to have such complaint promptly and impartially investigated. Under Article 14, a State’s legal system must facilitate an enforceable right of redress and compensation. Article 1 of the American Convention on Human Rights, imposes substantially the same obligations as arise under Article 2 of the ICCPR. The Inter-American Court of Human Rights considers that a State Party’s is obligated under Article 1 “...to organise the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights recognised by the Convention and, moreover, if possible, attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation.” The Court adds that: “The obligation to ensure the free and full exercise of human rights is not fulfilled by the existence of a legal system designed to make it possible to comply with this obligation – it also requires the government to conduct itself so as to effectively ensure the free and full exercise of human rights.” If a violation has occurred “with the support or the acquiescence of the government, or whether the State has allowed the act to take place without taking measures to prevent it or to punish those responsible” this is a decisive factor in determining State liability. The UN Human Rights Committee has consistently informed State Parties of their obligations to prevent Human Rights violations and, the Inter-American Court of Human Rights has also made clear the duty of State Parties to prevent Human Rights violations. To provide domestic remedies for Human Rights violations is also required by Article 8 of the Unoiversal Declaration of Humar Rights and Article 2(3) of the ICCPR. Remedies must not only be effective but must be of demonstrable efficacy. There are numerous authorities for the obligation of States to investigate, prosecute and punish Human Rights abuses. In Blazek, the UN Human Rights Committee decided that States are required to provide redress for Human Rights violations under Article 2(3)(a) of the ICCPR as well as under Article 14 (1) of the Convention against Torture. Torture can never be justified under any circumstances and no legislation that ostensibly permitted it would have any actual legal effect or validity, because the prohibition against torture, inhuman and degrading treatment, is fundamental, absolute and inalienable. The end of government is to uphold such rights, which are intrinsic to the dignity of the human person, and in resorting to torture, a State would completely undermine the legitimacy of its own authority. http://JohnRhysBurgess.tripod.com