Obligation to investigate
26. Under the obligation to respect and protect life the State should hold an
independent investigation into a deprivation of life.227 This can be satisfied by
an independent police investigation, but a national commission of inquiry has
also been recommended.228
27. Such investigations must satisfy certain criteria: they must be carried out
‘promptly, thoroughly and effectively through independent and impartial
bodies’.229 They must not be a mere formality.230 Other requirements are that:
The institution carrying out the investigation must comply with international
human rights standards. The same will apply to military tribunals.231
The purpose of the investigation should be to determine the cause, time and
manner of death and who was responsible.232
Individuals should be punished in a manner commensurate with the crimes they
have committed.233
Those undertaking the investigation should have the necessary powers to
access relevant documentation and information and to summon witnesses and
other individuals.234
Those conducting the investigation and assisting it should be protected from
reprisals.235
Relatives and legal representatives of the deceased should have access to any
hearing, information and be also able to present information themselves. 236
A written report should be made available within a reasonable period of time237
and the results of any investigation must be made public, and include details of
who undertook the investigation and how.238
227
McCann v UK, 27 September 1995. Jordan v UK, European Court, 4 May 2001.
See e.g. Special Rapporteur on extrajudicial executions, A/HRC/8/3.
229 Human Rights Committee General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 15.
230 Inter-American Court of Human Rights, Velásquez Rodríguez Case, Judgment of July 29, 1988,
paragraph 177.
231 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, E/CN.4/2006/53,
8 March 2006, para 37.
232 Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions, E.S.C. res. 1989/65, annex, 1989 U.N. ESCOR Supp. (No. 1) at 52, U.N. Doc. E/1989/89
(1989), Principle 9.
233 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, E/CN.4/2006/53,
8 March 2006, para 39.
234 Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions, E.S.C. res. 1989/65, annex, 1989 U.N. ESCOR Supp. (No. 1) at 52, U.N. Doc. E/1989/89
(1989), Principle 10.
235 Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions, E.S.C. res. 1989/65, annex, 1989 U.N. ESCOR Supp. (No. 1) at 52, U.N. Doc. E/1989/89
(1989), Principle 15.
236 Ibid, Principle 16.
237 Ibid, Principle 17.
238 E/CN.4/2005/7, paragraph 86.
228
56
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