Part II Preventing torture: NHRIs in action | Section IV Cross-cutting actions
Visits to places of detention
Given that the risk of torture and ill-treatment is highest for persons deprived of their liberty, the public
inquiry will need to include thorough inspections of different places of detention.
Interviews with persons deprived of liberty
Depending on its scope, a central part of the public inquiry will involve interviews with persons deprived
of their liberty. Focus group discussions should be conducted with detainees. However, it is crucial that
the NHRI also conducts interviews in private with a large and representative selection of detainees.
Preparation of a report and recommendations
Preparing a final report is an important outcome for the public inquiry, although it may not necessarily
be the only one. It is important to consider the structure of the report in the early stages of the inquiry,
as this may influence the methodology of the inquiry process. Preparing a report is time-consuming and
this should not be underestimated in the planning stages of the inquiry.
An effective, successful report will consider the following elements.
• Style and language: The report should be accessible to the main target audiences. Sentences
should be short and concise, avoiding superlatives and stereotypes. Recommendations should
address the authorities responsible for their implementation and it should be relatively easy to
translate them into policies or laws.
• Content: All the issues outlined in the terms of reference should be addressed in the report.
Findings and conclusions should be firmly based on the evidence received. The report should
not only describe facts but also contain an analysis of the issues, the legal framework and any
identified shortcomings. A summary report is useful.
• Format and timing: The format of the report is important in terms of increasing publicity and
impact. Associated resources, such as a summary report, should be considered early in the
process. The timing of the report’s release should build upon the interest and momentum created
by the inquiry.
Follow-up
The NHRI should establish a dialogue with the relevant authorities to discuss steps to implement the
report’s recommendations. They should also closely monitor any developments related to the inquiry.
In 2005, the National Human Rights Commission of Mongolia conducted a year-long public
inquiry on torture. The inquiry examined the effectiveness of national legislation, scrutinized
procedures and regulations designed to prevent torture and ill-treatment, analysed the factors
contributing to illegal actions and developed recommendations to address systemic problems.
The inquiry included dialogues with the judiciary, defence attorneys, prosecutors, police officers,
citizens and NGO representatives. The Commission organized meetings with around 600 law
enforcement officers, collected testimonies from individuals, undertook monitoring visits to
prisons and pretrial detention facilities, conducted surveys with 1,400 detainees, held interviews
with 100 individuals and received more than 50 complaints.
Evidence gathered during the public inquiry, and documented in the inquiry report, served as the
basis for the enactment of legislation to prohibit torture.
Chapter 11: Public inquiries | 109
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