Investigations are neutral processes: they do not favour the complainant or the respondent. Investigations collect information about allegations of human rights abuse and seek to reach a determination about what actually occurred and whether the allegations are well founded. An investigation typically starts with an allegation that a particular action or omission has taken place, or that the level of enjoyment of a particular right is at risk. The purpose of any investigation is to answer two questions: ■■ Has there been a violation of human rights law that is within the authority of the institution, whether domestic or international? ■■ If so, who was responsible for the violation? The Paris Principles state that an institution must have the responsibility to submit to the Government or other appropriate authority advice and recommendations on “any situation of violation of human rights which it decides to take up” (emphasis added). Investigations do this by gathering physical, testimonial and documentary evidence, by research and by assessing the evidence. A small number of institutions conduct investigations, but are limited to systemic or general issues. Still others choose to undertake systemic or general investigations in addition to or instead of individual investigations. Some combine these techniques. Reference should be had in all cases to the enabling law. 2. Does the institution have jurisdiction? National human rights institutions may inquire into “any” question within their area of competence. An institution’s competence—or jurisdiction with respect to investigation—should be clearly spelled out in the enabling legislation. For a discussion on the restrictions on the competence and mandate of NHRIs with regard to subject matter, geographic limitations, time limitations and the type of organization that can be investigated, see chapter III. 3. Powers of investigation The Paris Principles provide or imply certain powers that NHRIs should have, including the authority to “hear any person and obtain any information and any documents necessary for assessing situations…”. The Paris Principles require that an institution should have access to all documents and all persons necessary for it to conduct an investigation. Other powers devolve from the Paris Principles and the nature of the investigation itself. These powers, which should be clearly defined and legally entrenched in legislation, include: ■■ The power to compel the production of documents and witnesses; ■■ The power to conduct on-site investigations as necessary, including powers to visit detention facilities, etc.; ■■ The power to call parties to a hearing; and ■■ The power to hear and question every individual (including experts and representatives of government agencies and, if appropriate, private entities) who, in the opinion of the investigating body, has knowledge concerning the issue under investigation or is otherwise in a position to assist the investigation. The power to obtain information and documentation brings with it the ability to impose penalties for obstruction. Retaliating against parties, witnesses or anyone cooperating in 78