GUIDE ON ANTI-TORTURE LEGISLATION
evidence given”. Steps to prevent retaliation may include removing personnel
accused of torture and ill-treatment from active duty or moving the person who
made the complaint to a safe location (for example witness protection, safe
houses, etc.).
In the Maldives’ Act on the Prohibition and prevention of Torture, any victim who files
a complaint to the national human rights commission has a right to have it investigated
in a non-biased and impartial manner with reasonable promptness.120
In Uganda, the right to complain is also enshrined in the Prevention and Prohibition
of Torture Act and enables any person to lodge a complaint to the Human Rights
Commission, the police or any other relevant institution or body.121
In the United Kingdom, the Police Reform Act set up the Independent Police Complaints
Commission, in charge of handling complaints on the police. This Commission is
independent from the police and it is a requirement for the Commissioners not to
have worked for the police.122
120
121
122
17. The Convention requires States parties to ensure prompt and
impartial investigations of allegations of torture
Whenever a State is obliged to establish jurisdiction under article 5(2)123 this
triggers a primary duty of the State to investigate, and potentially prosecute, all
allegations of torture. Article 12 of the Convention provides for this obligation
to “ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture
has been committed in any territory under its jurisdiction”.
A victim’s complaint should always trigger an investigation and be considered
as “reasonable ground”. Allegations from NGOs, information collected from
fellow detainees, family members, lawyers, medical staff, national human rights
institutions should also trigger such investigations.124
The investigation also needs to be “prompt and impartial” according to the
same article but these terms are not defined in the Convention. The Committee
has clarified that, in order to fulfil this conventional obligation, States should
immediately start investigating when an allegation of torture is brought forward.125
In order for investigations to be impartial, they must not be conducted by their
own colleagues. It is therefore important to set up independent bodies, separate
from law enforcement or other authorities, to carry out those investigations.126
The Manual on the Effective Investigation and Documentation of Torture and
Maldives, Act on the Prohibition and Prevention of Torture 2013, op. cit. 3, article 18(a).
120
121
Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 11.
United Kingdom of Great Britain and Ireland, Police Reform Act 2002, 2002 Chapter 30, Part 2
Complaints and Misconducts, available at http://www.legislation.gov.uk/ukpga/2002/30
(last accessed February 2016).
122
123
See above section 16 on universal jurisdiction.
124
Manfred Nowak and Elizabeth McArthur, op. cit. 45, pp. 4413-415.
125
See CAT, Halimi-Nedzibi v. Austria, UN Doc. CAT/C/8/D/8/1991, §13; CAT, Blanco Abad v. Spain,
UN Doc. CAT/C/20/D/59/1996, § 8.
126
Manfred Nowak and Elizabeth McArthur, op. cit. 45, p. 436.
39
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