3. INCIDENT PREVENTION AND RESPONSE 70 The obligation to report custodial deaths, disappearances and serious injuries reflects the state’s heightened responsibility for persons deprived of their liberty. Human rights law states that the state is obliged to account for any death or injury of those in its custody regardless of how it occurred and to ensure accountability where officials, including correctional officers, are responsible. 71 It is crucial that investigations are prompt because evidence needs to be secured quickly, testimony is more detailed when fresh in witnesses' minds and because physical signs of torture might heal or fade quickly. In the case of disappearances, the initiation of an investigation is necessary to ensure that concerted efforts to locate the missing individual can commence as quickly as possible. 72 The existence of independent investigation mechanisms can act as a deterrent against human rights violations, since it sends a clear signal that misuse of power will not be tolerated and that perpetrators will be held to account. 73 Where a prisoner has sustained injuries before being admitted to prison, including during arrest and in police custody, the prison administration should report the injury immediately for investigation so that those responsible are held to account and that they are not wrongfully implicated themselves, in line with Rules 7(d) and 30(b). These rules are dealt with in Chapter 1 and Chapter 6 respectively. Restoring trust and confidence in the prison system Independent investigations into deaths, disappearances and serious injuries in custody are important mechanisms for all stakeholders, including the families and friends of prisoners. They help to signal that such incidents are taken seriously, that there is a commitment to reveal their cause and an established process for holding perpetrators to account. 75 Public trust and confidence in the prison system is likely to be impacted following instances of deaths, disappearances and serious injuries in custody. However, if these incidents are independently investigated and subject to public scrutiny, and if the resulting recommendations are taken seriously, trust and confidence may be restored. 3 74 92 Protection against false allegations 76 Thorough, effective and independent investigations protect the prisons and their staff against false allegations of ill‑treatment. The prospect of detailed investigations may in itself deter individuals from making false allegations but, if conducted correctly, will also ensure that those accused have the right and ability to defend themselves against any wrongful allegations. PUTTING IT INTO PRACTICE Which incidents must be reported and investigated? 77 The requirement to report serious injury or any act of torture or other cruel, inhuman or degrading treatment or punishment also applies to injuries that occurred prior to arrival at prison, including in police custody. 78 Serious injuries include injuries caused by sexual and gender-based violence. 79 All deaths must be reported, including not only those deaths deemed to be suspicious, but also those said to have been due to natural cause and suicides. This is important to identify deaths caused by neglect or omission, to prevent any concealment of ill‑treatment, to determine if the death could have been avoided and to prevent comparable situations from emerging in the future. 80 Principle 6 of the BPUFF affirms that law enforcement officials must promptly report to their superiors any case “where injury or death is caused by the use of force and firearms by law enforcement officials”.207 207. Basic Principles on the Use of Force and Firearms, op. cit., note 158, Basic Principle 6. Guidance document on the Nelson Mandela Rules