Indonesia: investigations by a national human rights commission
In addition to any investigations that may be carried out by police or other bodies, the Indonesian national
human rights commission, Komnas HAM, has a statutory mandate to carry out investigations into human rights
violations, including torture. In accordance with the law governing its activities, during an investigation Komnas
Ham has wide powers including: to call on complainants, victims and the accused to hear their statements; to
survey incident locations and other locations as deemed necessary; and on approval of the Head of Court, to
provide input into ongoing cases.
Malawi: a statutory body for complaints against healthcare professionals
The Medical Council of Malawi (MCM) is a statutory body mandated to consider complaints concerning health
professionals, including complaints regarding abuse inflicted by health professionals. After considering a
complaint the MCM can make an order to discipline a healthcare professional. This includes orders: to suspend
the practitioner for a period of time; to impose conditions on their practice; to pay a penalty; and in serious
cases, to deregister the healthcare professional and prevent them from working in healthcare. Any person who is
unsatisfied with a decision of the MCM can appeal the decision by going to a High Court within 3 months of the
decision.
Key elements for effective investigations:
Prompt
Thorough
Impartial
Participatory
Reasoned result and
publication of findings
A range of tools and practical measures have been developed at the national and international levels to help guide
effective investigations into torture and other ill-treatment.
Effective case management
Some States have introduced case management systems and/or set out in law processing requirements, including
time limits for investigations, to ensure that investigations are undertaken promptly, that physical evidence is
secured before it may disappear, degrade or be disposed of, and to prevent interference with evidence, victims or
witnesses.
Maldives: time limit to respond to internal prison complaints established by law
In the Maldives, all prisoners have the right to make complaints to the Director of Prisons. The Director is
mandated by law to address the complaint and provide an answer within at least 5 days. If the complaint is about
physical violence or any urgent matter the Director of Prisons is obligated to respond immediately. If the Director
fails to provide a satisfactory answer or solution then the prisoner has the opportunity to file a complaint with the
Inspector General of Prisons.
TOOL: Complaints and investigations
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