A/69/387
pillars in the fight against torture, which are the obligation of States to ensure justice
and to prevent and to redress all acts of torture. The obligation to investigate is
central to the realization of all three main pillars. The evidence collected during
investigations may form the basis for civil, administrative and criminal proceedings
seeking justice; it may support claims made under the exclusionary and
non-refoulement rules; and it may help assess victims’ claims for reparation. Lastly,
thorough investigation is necessary to ensure that official bodies and the general
public can monitor and be made aware of such practices in order to prohibit them
and encourage reform.
2.
Obligation to investigate
22. Under article 12 of the Convention against Torture, States are obliged to
undertake an effective investigation whenever there are indications of torture or
other ill-treatment, even without an express or formal complaint. Such an approach
should be followed whether or not the victim bears visible external injuries.
Allegations of torture and other ill-treatment should be admitted at any stage of the
trial and courts are obliged to launch ex officio investigations whenever there are
reasonable grounds to suspect torture or ill-treatment.
23. The European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment has held that, for an investigation to be
“effective”, it must be prompt, impartial, independent and thorough
(comprehensive). 3 Since 1999, the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) 4 has become a crucial instrument and important
source for investigating allegation of torture and other ill-treatment, as it both
reflects existing obligations of States under international treaty and customary
international law and sets out specific guidelines on how effective legal and medical
investigations into allegations of torture and other ill-treatment should be
conducted. It is the first set of international standards and guidelines for health and
legal professionals on how to recognize and document symptoms of torture for use
as evidence in court cases. 5 The Protocol provides for verification of allegations of
torture and other ill-treatment. It also contains a series of “Istanbul Principles” that
contain minimum standards for State adherence to ensure effective investigation and
documentation of torture and other ill-treatment. 6
24. It is important to note that States have an obligation to investigate in full
compliance with the Istanbul Protocol as a procedural obligation, to ensure that
measures taken are sufficient to determine whether torture or other ill-treatment has
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3
4
5
6
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See European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, CPT standards, CPT/Inf/E (2002) 1-Rev. 2013, chap. VII.
See Office of the United Nations High Commissioner for Human Rights, Professional Training
Series No. 8/Rev.1 (United Nations, sales publication No. E.04.XIV.3); see also General
Assembly resolution 55/89, annex.
Other relevant standards regarding forensic and medical documentation of torture and other illtreatment: the United Nations Manual on the Effective Prevention and Investigation of ExtraLegal, Arbitrary and Summary Executions (Minnesota Protocol) and in Security Council
resolutions 1261 (1999), 1325 (2000), and 1612 (2005) and the Group of Eight Declaration on
Preventing Sexual Violence in Conflict, adopted in London in 2013.
See General Assembly resolution 55/89, annex, and Commission on Human Rights resolution
2000/3.
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