IV.
Measuring effectiveness: the key criteria
4.1 Independence and impartiality
4.1.1 Officials involved in conducting investigations and all decision-makers
cannot be part of the same public authority as the officials who are the
subject of the investigation and must be otherwise independent from those
implicated in the facts being investigated.
4.1.2 This requires independence in practical terms, not only the absence of
hierarchical or institutional connections.
4.1.3 Officials involved in conducting investigations and all decision-makers must
be impartial. In particular, they should not be involved in investigations or
decisions regarding the alleged victims of the case in question.
4.2 Thoroughness
4.2.1 Investigations into ill-treatment should involve the taking of all reasonable
steps to secure evidence concerning the relevant incident(s).
4.2.2 The typical inventory of required investigative measures and evidence
includes:
– detailed and exhaustive statements of alleged victims obtained with an
appropriate degree of sensitivity;
– appropriate questioning and, where necessary, the use of identification
parades and other special investigative measures designed to identify
those responsible;
– confidential and accurate medical (preferably forensic) physical and psychological examinations of alleged victims. These should be carried out
by independent and adequately trained personnel capable of identifying
the causes of injuries and their consistency with the allegations;
– other medical evidence, including records from places of detention and
health care services;
– appropriate witness statements, possibly including statements of other
detainees, custodial staff, members of the public, law enforcement officers
and other officials;
– examination of the scene for material evidence, including implements
used in ill-treatment, fingerprints, body fluids and fibres. Examinations
should involve the use of forensic and other specialists able to secure and
examine the evidence, create appropriate sketches, and/or reconstruct
the relevant events; and
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