A. H uman rights investigations Protection work is heavily focused on the power to investigate. But it must be remembered that NHRIs are not a substitute for law enforcement officials or a properly functioning judiciary. National human rights institutions are complementary mechanisms designed to ensure that the rights of all citizens are fully protected. They offer something that the legal system or other institutionalized processes cannot. In particular, their focus on human rights allows them to develop and apply expertise and to ensure that human rights are integrated into all the areas over which they have jurisdiction. 1. Overall process for all investigations The following general processes apply to all investigations, regardless of the type of right being investigated. Those steps that are restricted to NHRIs with quasi-jurisdictional competence are italicized. Intake and early resolution: – Information gathering and monitoring to identify where investigations are required; – Processes to support the receipt and preparation of complaints; – Determining if the issue is within jurisdiction; – Triaging, to ensure that priority cases and emergencies are handled appropriately; – Early information and counselling, for all parties, to convey information about their rights and obligations; – Early alternative dispute resolution to encourage amicable settlement at the outset. Complaint investigation: – Emphasizing strategic and systemic case management strategies; – Advising the respondent(s) and providing an opportunity to respond to the allegation; – Investigation; – Reporting findings; – Developing, evaluating and discussing options available to affected individuals. Publishing recommendations and seeking remedies: – Disseminating investigation results and recommendations; – Deciding on cases and/or seeking to enforce a decision, or seeking remedies through the courts, where the legislation permits; – Supporting communications to treaty bodies under optional protocols and/or to regional bodies to seek remedies for cases that have exhausted national remedies. Some NHRIs have standing to appear before regional bodies such as human rights courts. Investigating alleged human rights abuses and situations is fundamental to the work of most NHRIs. It is also a considerable challenge. 77