Preventing Torture An Operational Guide for National Human Rights Institutions
3. Steps to undertake a public inquiry
Defining terms of reference
An important first step is to define the aim, scope and the timeframe of the public inquiry. While this
can be a detailed process, clearly defined terms of reference are a critical component of a focused and
effective inquiry.
Launching the inquiry
The public inquiry should be officially launched by the NHRI, with detailed information about the aims,
objectives and conduct of the inquiry provided to all relevant stakeholders.
Research and analysis
All relevant national laws and regulations should be compiled, as well as international and regional
standards and jurisprudence. This forms a basis to assess the extent to which the State is meeting its
international obligations to prevent torture.
Individual complaints
All relevant complaints received through the public inquiry should be compiled and assessed to identify
systemic factors that contribute to torture and ill-treatment in places of detention.
Public hearings
Image: APF / Michael Power
Public hearings should invite the participation of a broad range of individuals and organizations, including
victims of torture or their relatives, human rights NGOs, lawyers, police officers, staff and officials from
relevant detention centres and representatives from government agencies.
108 | Chapter 11: Public inquiries
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