A/54/426
Annex
Principles on the effective investigation and documentation
of torture and other cruel, inhuman or degrading treatment
or punishment
1.
The purposes of effective investigation and
documentation of torture and other cruel, inhuman or
degrading treatment (hereafter torture or other illtreatment) include the following:
(i) Clarification of the facts and establishment and
acknowledgment of individual and State
responsibility for victims and their families;
(ii) Identification of measures needed to prevent
recurrence;
(iii) Facilitating prosecution and/or, as appropriate,
disciplinary sanctions for those indicated by the
invest i ga tion as being responsible, and
demonstrating the need for full reparation and
redress from the State, including fair and adequate
financial compensation and provision of the means
for medical care and rehabilitation.
2.
States shall ensure that complaints and reports of
torture or ill-treatment shall be promptly and effectively
investigated. Even in the absence of an express complaint,
an investigation should be undertaken if there are other
indications that torture or ill-treatment might have
occurred. The investigators, who shall be independent of
the suspected perpetrators and the agency they serve, shall
be competent and impartial. They shall have access to, or
be empowered to commission investigations by impartial
medical or other experts. The methods used to carry out
such investigations shall meet the highest professional
standards, and the findings shall be made public.
3 (a). The investigative authority shall have the power and
obligation to obtain all the information necessary to the
inquiry. a 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 illtreatment 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.
3 (b).
Alleged victims of torture or ill-treatment,
witnesses, those conducting the investigation and their
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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.a
5 (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. On completion, this report shall be made
public. It shall also describe in detail specific events that
were found to have occurred, the evidence upon which such
findings were based, and list the names of witnesses who
testified with the exception of those whose identities have
been withheld for their own protection. The State shall,
within a reasonable period of time, reply to the report of
the investigation and, as appropriate, indicate steps to be
taken in response.
6 (a). Medical experts involved in the investigation of
torture or ill-treatment should behave at all times in
conformity with the highest ethical standards and in
particular shall obtain informed consent before any
examination is undertaken. The examination must conform
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