Teresa Fernández Paredes 73 1. The obligation to investigate cases of sexualized torture and gender-based torture by non-State actors under the universal human rights system The obligation of States to investigate cases of sexual violence and gender-based violence as tor­ ture when committed by non-State actors implies a set of measures including training for officials who receive complaints; establishment of protocols for addressing complaints; objective, diligent, and speedy investigation; and bringing those responsible for violations to trial without re-victim­ izing survivors. The Declaration on the Elimination of Violence against Women of the General Assembly of the United Nations establishes that States should “Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.92 The Special Rapporteur on Violence Against Women has indicated that “The State is required to send an unequivocal message that violence against women is a serious criminal act that will be investigated, prosecuted and punished.... The re-victimization of women who have reported that violence must be avoided and procedural rules regarding the giving of evidence as well as protection for victims and witnesses must ensure that women are not subjected to further harm as a result of reporting violence.”93 In 2006, she was already pointing that “the major potential (…) for expanding the due diligence framework lies (a) in the full implementation of generalized obli­ gations of prevention and compensation, and in the effective realisation of existing obligations to protect and punish, and (b) in the inclusion of relevant non-State actors as the bearers of duties in relation to responding to violence against women.”94 Minimum standards for effective investigation and documentation of cases of torture have been established by the Istanbul Protocol.95 These standards have been clarified by the work of United Nations human rights monitoring and protection mechanisms, which have addressed the need to apply a gender perspective to the investigation of cases of torture in order to properly identify the differential use of violence and its different meanings according to the victim’s gender. Both elements are indispensable in order to achieve proper prosecution and punishment of these crimes and appropriate reparations for the damages suffered by victims.96 The Istanbul Protocol estab­ lishes the following obligations for States when investigating these crimes: “(a) Clarification of the facts and establishment and acknowledgment of individual and State responsibility for victims and their families; (b) Identification of measures needed to prevent recurrence; (c) Facilitation of prosecution or, as appropriate, disciplinary sanctions for those indi­ cated by the investigation as being responsible and demonstration of the need for full UN, Declaration on the Elimination of Violence against Women. Resolution of the General Assembly 48/104 of December 20, 1993. A/RES/48/104, February 23, 1994, Article 4.c. 93 Yakin Erturk, Report of the Special Rapporteur on violence against women, its causes and consequences, Commission on Human Rights, 62nd session. E/CN.4/2006/6. January 20, 2006, para. 92. http://www2. ohchr.org/english/bodies/chr/sessions/62/listdocs.htm. 94 Ibid., para. 74 95 Istanbul Protocol. Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2004. http://www.ohchr.org/Documents/Publications/ training8Rev1sp.pdf 96 Women´s Link Worldwide y Clínica Jurídica por la Justicia Social de la Universidad de Valencia. Amicus Curiae ante la Corte Interamericana de Derechos Humanos. Caso 11.157. Espinoza v. Perú, para. 13. 2014 92