B. I nvestigating individual complaints In addition to the general power to investigate, the Paris Principles provide that an institution with quasi-jurisdictional competence may “hear and consider complaints and petitions concerning individual situations… brought before it by individuals,… third parties… or… representative organizations.” (Emphasis added). Individual NHRIs have different techniques, but effective investigations are supported by adequate legal powers and by trained staff. These specific principles add detail on how institutions should exercise their investigatory responsibilities. Institutions with quasi-jurisdictional competence should: ■■ Inform the complainant of his or her rights, the remedies available and how to access them; ■■ Hear the complaint or transmit it to another competent authority (as prescribed by law); ■■ Seek an amicable settlement through conciliation or binding decisions (to the extent prescribed by law). Procedure manual National human rights institutions should develop standards and guidelines (including rules of procedure) to be applied to investigations. Guidelines and standards for investigating complaints should be made public. This will serve to inform complainants of the investigatory process and also likely improve public confidence in the institution as a competent body for receiving and acting on allegations of human rights violations. The following general principles apply: ■■ Guidelines should reflect and be consistent with the responsibilities the institution has been given and the powers it has been granted to discharge these responsibilities; ■■ While providing the necessary operational flexibility, they should also establish a fixed procedure which is not deviated from except in clearly defined circumstances; ■■ They should set measurable goals of efficiency and timeliness; and ■■ They should be fair to all sides of the dispute. For the purposes of this section, the following three distinct phases of the investigative process are generally identified: ■■ Intake: deciding whether a complaint may be accepted for investigation, that is, whether it is within the institution’s jurisdiction and whether there are other bodies that can remedy the matter. Early structured alternative dispute resolution tends to occur just after intake and right before the formal investigation. ■■ Investigation: gathering and analysing evidence. Some institutions carry out a preliminary investigation (to determine whether the case may be decided solely on the basis of the statements and submissions by the parties to the complaint, that is, the complainant and the person/agency against whom the complaint is made) either as the first step in the investigation or as a separate, preliminary step. ■■ Decision (when the institution formally takes a decision on the complaint and all subsequent action to ensure that that decision is respected). These phases offer a general description of the process, but are not intended to be prescriptive. 81