3. States are to combat impunity as a matter of justice for the victims, as a deterrent with respect to future human rights violations and in order to uphold the
rule of law and public trust in the justice system.”
II. Facilitating prospects for effective investigation
and access to investigative mechanisms
2.1 General considerations
2.1.1 States should maintain a clear system of mechanisms and procedures through which allegations, indications and evidence of illtreatment can be communicated.
2.1.2 This system should be available to all individuals, including
detainees, on an equal basis.
2.1.3 Failure to secure such a system may in itself amount to a violation of
the duty to carry out an effective investigation.
The guarantees and standards described in these Guidelines have been
developed with a focus upon persons deprived of their liberty. They should,
however, be secured to everyone within the jurisdictions of states, in accordance with Article 1 of the ECHR. The guarantees must therefore apply to all
victims of ill-treatment.
2.2 The fundamental safeguards against ill-treatment
2.2.1 The rights to have the fact of one’s detention notified to a third party,
to access to a lawyer, and to access to a doctor are all crucial to the
gathering of evidence and communication of information relating
to ill-treatment.
These fundamental safeguards are designed not only to dissuade “those
minded to ill-treat”34, but are essential to ensuring effective avenues through
which allegations and evidence of ill-treatment can be communicated. The
Court has noted in this regard that:
“allegations of torture in police custody are extremely difficult for the victim to
substantiate if he or she has been isolated from the outside world, without access
34. 6th General Report on the CPT’s activities, CPT/Inf (96) 21, para. 15.
Explanatory note ► Page 25
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