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Access to Justice as a Human Right$
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Francesco Francioni

Print publication date: 2007

Print ISBN-13: 9780199233083

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199233083.001.0001

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Access to Justice for Victims of Torture

Access to Justice for Victims of Torture

Chapter:
(p.205) 7 Access to Justice for Victims of Torture
Source:
Access to Justice as a Human Right
Author(s):

RORY STEPHEN BROWN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199233083.003.0007

This chapter addresses the lack of practical, realizable remedies for victims of torture. It should be noted at the outset that the analysis is restricted to the civil law of remedies for torture. It begins with an overview of the present law. Then, it is criticized for its failure to respect the right of access to justice. Finally, a suggestion is made for a workable, realistic, and principled legal framework for a transnational torture tort that can be put into immediate effect by judges of tribunals all over the world. It is suggested that the flexible system of transnational tortuous jurisdiction, based on case-by-case appraisal of the practical availability of alternative avenues of justice, would serve to reconcile the goals of securing justice for victims of torture; the desirability to locate a claim in the most appropriate location and with the most effective procedural structure; the protection of a defendant state's legitimate interests; and the necessity to act in accordance with, and contribute to, a coherent system of international law.

Keywords:   torture victims, access to justice, civil law, international law, transnational tortuous jurisdiction

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