Part II Preventing torture: NHRIs in action | Section IV Cross-cutting actions
have made a formal complaint (such as lack of knowledge or lack of ability to address a petition). This is
especially true for vulnerable groups, such as young people, migrants or foreign detainees.
Investigate systemic causes of torture
In many cases torture and ill-treatment occur because of inadequate systems that allow or overlook
such acts, rather than the misbehaviour of isolated individuals. A public inquiry helps the NHRI to identify
the underlying factors that contribute to torture and ill-treatment and address systemic problems.
Analyse national laws and policies
A public inquiry provides an opportunity for the NHRI to analyse existing national laws and regulations
and assess whether or not they meet the State’s obligations under relevant international human rights
treaties. In addition, the inquiry might review and assess the policies and programmes that operate in
places of detention.
Educate and raise awareness
A public inquiry can be a powerful education tool to raise awareness among the general public, as well
as detained persons and professional groups, about the absolute prohibition of torture. It can also build
greater understanding and appreciation of a problem that is not necessarily understood as a human
rights issue, namely the treatment of persons in detention.
Develop effective recommendations
The recommendations from a public inquiry, which draw on evidence, analysis and research, will be
credible and provide clear and practical steps to address the systemic issues that contribute to torture
and ill-treatment in places of detention. In addition, media coverage and public engagement in the
process are also likely to generate some pressure for change. If there is a high level of public and media
scrutiny when the report is released, the Government will be obliged to respond to the report and its
recommendations.
2.2. Disadvantages
Resources
An effective public inquiry requires a significant investment of time, expertise and human and financial
resources. The resources needed will depend on the scale of the inquiry (regional or national), its breadth
(focused on specific places of detention or different types of detention facilities) and on the materials
that need to be produced. In terms of human resources, a number of full-time and/or part-time staff will
be required to conduct the inquiry, including administrative staff. The public inquiry may also require the
support of a media officer and the services of expert consultants.
Cooperation of witnesses
Torture and ill-treatment is a very sensitive issue. Speaking about their experiences can be a very difficult
and traumatizing process for victims. They may prefer to speak in confidential sessions, with one or two
interviewers, rather than in a public hearing. Victims and witnesses may also fear reprisals. In addition,
it might be difficult to gain the cooperation of key officials and representatives from relevant institutions.
A one-off activity rather than a process
A public inquiry puts the issue of torture and ill-treatment in the public spotlight for a very specific period
of time. However, because torture and ill-treatment is often a structural problem, a more permanent and
regular oversight process might be more effective in bringing about long-term positive change.
Chapter 11: Public inquiries | 107
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