A/68/295 64. Although article 12 of the Convention against Torture does not exclude the possibility of the investigation being carried out by prison administration, in most cases internal investigations lack transparency and are marred by a conflict of interest. Allegations of torture and other ill-treatment should be investigated by an external investigative body, independent from those implicated in the allegation and with no institutional or hierarchical connection between the investigators and the alleged perpetrators. 11 65. It is important that the Rules provide detailed guidance on the purpose, modalities and overall parameters of effective investigations and documentation of torture and other ill-treatment, as reflected in the Principles on Effective Investigation and the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions. More specifically, Rule 44 should, at a minimum, require the administration to ensure that, notwithstanding internal investigations, all complaints or reports of torture or other ill-treatment, including prison violence, threats and intimidation, as well as incidents of deaths in custody (irrespective of their cause) or shortly following release, are transmitted without screening to an external independent body for investigation. In the event that the investigation confirms allegations of torture or other ill-treatment, the victims should be guaranteed both rehabilitation and redress (see general comment No. 3 of the Committee against Torture). There should be protocols and guidelines for the prison administration about cooperating with the authorities by not obstructing the investigation and by collecting and preserving evidence. Even in the absence of an express complaint (including in the case of withdrawal of a complaint, provided that the security of the complainant is guaranteed), an investigation shall be undertaken if there are other indications that torture or other ill-treatment might have occurred (see Principles on the Effective Investigation, principle 2). Furthermore, information related to the circumstances surrounding the death of a person in custody should be made publicly accessible, considering that public scrutiny outweighs the right to privacy unless otherwise justified. The prison administration should systematically identify and collect the patterns of deaths for further examination by independent bodies. 66. The Rules should ensure that those potentially implicated in torture or other ill-treatment should immediately and for the duration of the investigation be suspended, at a minimum, from any duty involving access to detainees or prisoners because of the risk that they might undermine or obstruct investigations (see Principles on Effective Investigation, principle 3 (b)). Serious consideration should also be given to the creation of witness protection programmes that fully cover persons with a previous criminal record and staff (see E/CN.4/2004/56, para. 40). Protection and special needs of vulnerable groups deprived of their liberty 67. Ensuring non-discrimination and special protection for vulnerable groups and individuals is a critical component of the obligation to prevent torture and other ill-treatment. The Special Rapporteur recognizes that while all people deprived of their liberty are vulnerable to neglect, abuse and mistreatment, for certain marginalized groups that vulnerability is heightened. These groups include, in addition to those identified in Rule 6 (see para. 28 above), particular categories of detainees or prisoners (e.g. sex workers, drug users, lesbian, gay, bisexual, transgender and intersex persons, prisoners who have tuberculosis or terminal __________________ 11 13-42285 Jordan v. United Kingdom, application No. 24746/94, para. 106. 17/23