CHAPTER 28. ARRANGEMENTS FOR INVESTIGATIONS AND
INSPECTIONS
OBJECTIVE
The objective of this chapter is to underline the importance of investigation procedures
to deal with allegations of human rights violations and the importance of both internal
and independent forms of inspection and how they should be arranged. This chapter
should be cross-referenced with chapter 3 of the Manual, dealing with torture and
ill-treatment.
ESSENTIAL PRINCIPLES
Each State party to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment shall ensure a prompt and impartial investigation whenever there are reasonable grounds to believe that an act of torture or illtreatment has been committed.
There shall be thorough, prompt and impartial investigation of all suspected cases of
extralegal, arbitrary or summary execution, including cases where complaints by
relatives or other reliable reports suggest unnatural death in the above circumstances.
Prisons shall be inspected regularly by qualified and experienced inspectors from a
competent authority separate from the prison administration.
Every prisoner shall have the right to communicate freely and confidentially with
inspectors, subject only to the demands of good order and discipline in the institution.
BASIS IN INTERNATIONAL INSTRUMENTS
As pointed out in chapter 3 of this Manual, independent inspection is particularly
important where there is any allegation of torture or inhuman treatment. Article 11 of
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment provides that:
Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well
as arrangements for the custody and treatment of persons
subjected to any form of arrest, detention or imprisonment in
any territory under its jurisdiction, with a view to preventing
any cases of torture.
Article 12 of the Convention provides that:
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its
jurisdiction.
Under article 16, paragraph 1, of the Convention against Torture, the same obligation
applies to acts of cruel, inhuman or degrading treatment or punishment.
134
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents