(b) … 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 … 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. …
Principle 29 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment provides:
1. In order to supervise the strict observance of relevant
laws and regulations, places of detention shall be visited regularly by qualified and experienced persons appointed by,
and responsible to, a competent authority distinct from the
authority directly in charge of the administration of the place
of detention or imprisonment.
2. A detained or imprisoned person shall have the right
to communicate freely and in full confidentiality with the persons who visit the places of detention or imprisonment in accordance with paragraph 1 of the present principle, subject to
reasonable conditions to ensure security and good order in
such places.
Rule 55 of the Standard Minimum Rules for the Treatment of Prisoners
requires that:
There shall be a regular inspection of penal institutions
and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in
accordance with existing laws and regulations and with a
view to bringing about the objectives of penal and correctional services.
The Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions provide:
7. Qualified inspectors, including medical personnel,
or an equivalent independent authority, shall conduct inspections in places of custody on a regular basis, and be empowered to undertake unannounced inspections on their own
initiative, with full guarantees of independence in the exercise of this function. The inspectors shall have unrestricted
access to all persons in such places of custody, as well as to all
their records.
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