…
9. There shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and
summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the
above circumstances. …
The European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment provides:
There shall be established a European Committee for
the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (hereinafter referred to as "the
Committee"). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a
view to strengthening, if necessary, the protection of such
persons from torture and from inhuman or degrading treatment or punishment. [art. 1]
Each Party shall permit visits, in accordance with this
Convention, to any place within its jurisdiction where persons
are deprived of their liberty by a public authority. [art. 2]
In the application of this Convention, the Committee and the competent national authorities of the Party concerned shall cooperate with each other. [art. 3]
The Guidelines and Measures for the Prohibition and Prevention of Torture,
Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben
Island Guidelines) require that States should:
18. Ensure that whenever persons who claimed to have
been or who appear to have been tortured or ill-treated are
brought before competent authorities an investigation shall
be initiated.
The Guidelines also provide:
19. Investigations into all allegations of torture or illtreatment shall be conducted promptly, impartially and effectively, guided by the UN Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (The Istanbul Protocol).
IMPLICATIONS
There should be appropriate mechanisms in place to investigate all complaints of
human rights violations mentioned in chapter 27 of this Manual. It is vital that such
mechanisms have access to all the facts and information in order to inquire adequately
into the alleged complaints. In addition, there should be investigations of human rights
violations in the absence of express complaints, if it is reasonable to believe that any
such violation has occurred. The international standards are comprehensive in detailing
the appropriate requirements of an investigation.
Prisons are by their nature closed institutions and should therefore be subject to regular inspection. In most countries, there is some form of internal inspection process. The
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