Article 12 requires that the investigation be prompt and impartial.
Promptness is essential both to ensure that the victim cannot continue to be subjected to such acts and also because in general, unless the methods employed
have permanent or serious effects, the physical traces of torture, and especially
of cruel, inhuman, or degrading treatment, soon disappear.191
In order to ensure impartiality, it is necessary to avoid entrusting the investigation
to persons who have close personal or professional links with those suspected of
having committed such acts, or who may have an interest in protecting those
suspects or the particular entity to which they belong.192 For example, if a complaint is made against a police official, close colleagues or any professional with
a personal interest in the case should not be assigned to any part of the investigation team.
All persons who are aware of or acquire knowledge about the allegation have an
obligation to submit this information to the investigation.
One important difference from the investigation obligation under Article 6 §2 is
that the investigation must take place irrespective of whether the suspect is
known or present.193
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
States Parties are obliged to make the outcome of investigations public.194
52
The CAT has provided greater insight into Article 12 (and 13) on the basis of an
individual complaint only in three particular situations195, by considering which
period was too long for initiating an investigation in the sense of these provisions. In one case, the complainant in Halimi-Nedzibi v. Austria alleged that he
had been ill-treated, beaten, and tortured after an arrest. It was also alleged that
the State in question, Austria, had not started an investigation immediately after
his complaint had been lodged. The Committee decided that a delay of fifteen
months before an investigation into the case was launched was unreasonably
long and was in violation of the requirement of Article 12.196
Article 13
Each State Party shall ensure that any individual who alleges he has been
subjected to torture in any territory under its jurisdiction has the right to
complain to, and to have his case promptly and impartially examined by,
its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Features: Victim’s right to complain and recourse, protection of complainants and witnesses
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