3. (a) The investigative authority shall have the power and obligation to
obtain all the information necessary to the inquiry.2581 The persons conducting the investigation shall have at their disposal all the necessary budgetary
and technical resources for effective investigation. They shall also have the
authority to oblige all those acting in an official capacity allegedly involved
in torture or ill-treatment to appear and testify. The same shall apply to any
witness. To this end, the investigative authority shall be entitled to issue summonses to witnesses, including any officials allegedly involved, and to demand
the production of evidence.
(b) Alleged victims of torture or ill-treatment, witnesses, those conducting
the investigation and their families shall be protected from violence, threats
of violence or any other form of intimidation that may arise pursuant to the
investigation. Those potentially implicated in torture or ill-treatment shall be
removed from any position of control or power, whether direct or indirect,
over complainants, witnesses and their families, as well as those conducting
the investigation.
4. Alleged victims of torture or ill-treatment and their legal representatives
shall be informed of, and have access to, any hearing, as well as to all information relevant to the investigation, and shall be entitled to present other
evidence.
5. (a) In cases in which the established investigative procedures are inadequate because of insufficient expertise or suspected bias, or because of the
apparent existence of a pattern of abuse or for other substantial reasons, States
shall ensure that investigations are undertaken through an independent commission of inquiry or similar procedure. Members of such a commission shall
be chosen for their recognized impartiality, competence and independence
as individuals. In particular, they shall be independent of any suspected perpetrators and the institutions or agencies they may serve. The commission
shall have the authority to obtain all information necessary to the inquiry and
shall conduct the inquiry as provided for under these Principles.
(b) A written report, made within a reasonable time, shall include the
scope of the inquiry, procedures and methods used to evaluate evidence as
well as conclusions and recommendations based on findings of fact and on
applicable law. Upon completion, the report shall be made public. It shall
also describe in detail specific events that were found to have occurred and
258. Under certain circumstances, professional ethics may require information to be kept
confidential. These requirements should be respected.
Appendices ► Page 105
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