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Annex 1
Principles on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment1
Annex 1, Istanbul Protocol
The purposes of effective investigation and documentation of torture and other cruel, inhuman or degrading treatment (hereafter referred to as torture or other
ill-treatment) include the following: clarification of
the facts and establishment and acknowledgement
of individual and State responsibility for victims and
their families, identification of measures needed to
prevent recurrence and facilitation of prosecution or,
as appropriate, disciplinary sanctions for those indicated by the investigation as being responsible and
demonstration of the need for full reparation and
redress from the State, including fair and adequate
financial compensation and provision of the means
for medical care and rehabilitation.
States shall ensure that complaints and reports
of torture or ill-treatment shall be promptly and effectively investigated. Even in the absence of an
express complaint, an investigation should be undertaken if there are other indications that torture or
ill-treatment might have occurred. The investigators,
who shall be independent of the suspected perpetrators and the agency they serve, shall be competent
and impartial. They shall have access to, or be empowered to commission, investigations by impartial
medical or other experts. The methods used to carry
out such investigations shall meet the highest professional standards, and the findings shall be made
public.
The investigative authority shall have the power
and obligation to obtain all the information necessary to the inquiry.2 Those persons conducting the
investigation shall have at their disposal all the necessary budgetary and technical resources for effective investigation. They shall also have the authority
to oblige all those acting in an official capacity allegedly involved in torture or ill-treatment to appear
and testify. The same shall apply to any witness. To
this end, the investigative authority shall be entitled
to issue summonses to witnesses, including any officials allegedly involved, and to demand the production of evidence. Alleged victims of torture or ill-treatment, witnesses, those conducting the investigation
and their families shall be protected from violence,
threats of violence or any other form of intimidation
that may arise pursuant to the investigation. Those
potentially implicated in torture or ill-treatment shall
be removed from any position of control or power,
whether direct or indirect, over complainants, witnesses and their families, as well as those conducting the investigation.
Alleged victims of torture or ill-treatment and
their legal representatives shall be informed of, and
have access to, any hearing as well as to all information relevant to the investigation and shall be entitled to present other evidence.
In cases in which the established investigative
procedures are inadequate because of insufficient expertise or suspected bias or because of the apparent
existence of a pattern of abuse, or for other substantial reasons, States shall ensure that investigations
are undertaken through an independent commission
of inquiry or similar procedure. Members of such a
commission shall be chosen for their recognized impartiality, competence and independence as individuals. In particular, they shall be independent of any
suspected perpetrators and the institutions or agencies they may serve. The commission shall have the
authority to obtain all information necessary to the
inquiry and shall conduct the inquiry as provided for
under these Principles.3
A written report, made within a reasonable time,
shall include the scope of the inquiry, procedures and
methods used to evaluate evidence as well as conclusions and recommendations based on findings of fact
and on applicable law. On completion, this report
shall be made public. It shall also describe in detail
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