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holding to account of State officials and individuals involved in such crimes is the
most effective measure of prevention and a deterrent against reoccurrence.
C.
Accountability beyond the juridical sphere
29. Accurately understood as involving an obligation to explain and justify
conduct, 27 as well as to redress and repair violations, accountability extends beyond
the legal sphere and can be pursued and realized in non-juridical forums. Beyond the
legal process and the court system, various other accountability processes and
platforms can help effectively to uphold the virtues of continuous accountability, as
well as the values of transparency, good governance and the rule of law. In the
political arena, robust mechanisms enabling the legislature to hold members of the
executive to account, and allowing the electorate to hold its elected representatives to
account, are vital accountability tools, as is a thriving free press and civil society.
30. Some States have adopted various forms of non-judicial mechanisms of
complaints and investigation within the security sector. For example, in Portugal, the
Inspectorate General of Home Affairs 28 was established as an independent body of
external control of police activity, under the Ministry of Home Affairs, conducting
inspections and investigations to ensure the respect of fundamental rights of citizens
and police compliance with the law. In Mexico, the Special Prosecutor ’s Office
created a specialized unit for the investigation of the crime of torture. Those
mechanisms, although in some cases lacking financial and human resources to
effectively perform their mandates, pave the way for a culture of accountability for
torture and ill-treatment.
31. However, in many situations marked by widespread and systematic allegations
of torture and ill-treatment, there is no prospect of domestic investigation due to a
lack of political will. In such circumstances in particular, national human rights
institutions, civil society and media actors may be vital in documenting, investigating
and pursuing accountability for the torture and ill-treatment. For example, the
national inquiry conducted by the National Human Rights Commission in Mexico on
the “Iguala case”, 29 in which 6 people lost their lives, 42 were injured and 43 st udents
disappeared, found a clear link between authorities and organized crime, including
collusion of federal, local and municipal authorities to promote, allow or refrain from
acting in the face of such links. This inquiry was instrumental in establishin g the truth
for families of victims in the face of lack of transparency of the State authorities’
investigation. Likewise, a number of international and Belarusian non -governmental
organizations have created the International Accountability Platform for Be larus to
collect and preserve evidence of torture for future use, and to support human rights
and universal jurisdiction claims. The Human Rights Council subsequently decided
to create a United Nations investigative mechanism, which is expected to become
operational in 2022.
32. The Special Rapporteur also refers to his predecessor’s findings on the utility
and significance of commissions of inquiry as valuable mechanisms for the
investigation of widespread infliction of torture and ill-treatment. Such commissions
can serve to pursue accountability for grave abuses with a focus on truth,
acknowledgement and reparation going beyond the establishment of individual (or
institutional) legal liability. Commissions of inquiry could consist of national and
international commissions of inquiry and truth commissions, as well as investigations
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21-09914
Mark Bovens, “Two concepts of accountability: accountability as a virtue and as a mechanism” ,
West European Politics, vol. 3, No. 5 (2010), p. 946.
www.igai.pt/en/Pages/default.aspx.
https://www.cndh.org.mx/sites/default/files/documentos/2019-03/Com_2019_089.pdf.
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