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 __________________ 3 4 5 6 6/23 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. 14-61535

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