TYPES OF INVESTIGATIONS
Depending on the context and type of alleged mistreatment a range of investigations may be suitable, leading,
where relevant, to criminal, disciplinary and/or civil actions against those responsible.
Criminal investigations aimed at holding perpetrators responsible for torture are to be undertaken irrespective
of whether there is a complaint, and whenever there are reasonable grounds to believe torture or other
serious forms of ill-treatment has taken place. Many States have found they are best equipped to investigate
allegations of (conduct amounting to) torture if they have first criminalised torture in their domestic law (see
APT-CTI Guide to Anti-torture legislation).
In addition to criminal investigations, States may provide for internal procedures to investigate concerns or
complaints of abuses, resulting in disciplinary or other sanctions being taken directly against those responsible or
where necessary referral of the matter to another appropriate body for further investigation and action.
States have also mandated specific bodies to investigate human rights violations, including torture or other illtreatment, such as national human rights institutions; parliamentary commissions; ombudsman’s office; or other
oversight bodies. Such civil investigations can help in identifying and documenting acts which may subsequently
lead to criminal and/or administrative sanctions. The information gathered by such bodies can also help in
highlighting the root causes of torture or other ill-treatment and suggest areas in need of reform.
In some States, as the mandate and activities of anti-corruption bodies are in many respects also aimed at or are
at least in alignment with efforts to combat torture and other ill-treatment, States may consider establishing joint
bodies.
A growing number of States emerging from periods of unrest or repression have established truth and
reconciliation commissions or commissions of inquiry to hear testimonies and document the truth including
regarding mass violations, such as torture. Such commissions may hear the testimony of a large number of victims
and potential perpetrators and enable disclosure of the full extent of criminality during such periods. Some such
commissions have precipitated criminal investigations and reparations and been helpful for the collection of
evidence.
Chile: truth and reconciliation commissions
Following Chile’s transition to democracy during the late 1980s and 1990s, Chile addressed past abuses, including
torture, through the creation of their National Commission on Truth and Reconciliation and the National
Commission on Political Imprisonment and Torture (Valech Commission), which have identified almost 30,000
survivors of political imprisonment and torture. As a result of the work of these commissions, many prosecutions
have been brought against those responsible for past human rights violations. Chile has also provided victims and
their relatives with redress, including compensatory pensions and free medical care under the so-called “PRAIS”
programme to those qualified as victims by the Valech Commission.
TOOL: Complaints and investigations
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