Guidelines on
international standards
I.
The origins of the obligation to investigate ill-treatment
1.1 The absolute prohibition of ill-treatment
1.1.1 The use of torture or inhuman or degrading treatment or punishment is
absolutely prohibited in all circumstances. No derogation from this prohibition is permissible.
1.2 The obligation to investigate ill-treatment
1.2.1 Without a positive obligation to investigate allegations or other indications
of ill-treatment, the prohibition would be rendered theoretical and illusory,
thus allowing state authorities and their agents to act with impunity. The
duty to investigate serious (deliberate) ill-treatment as well as other serious
human rights violations has an absolute character.
1.2.2 The obligation to investigate demands a coherent system of measures
capable of ensuring an adequate response to credible accounts of torture
and other forms of ill-treatment. It requires that states maintain mechanisms
and procedures through which investigations can be initiated and that they
adequately punish the perpetrators of ill-treatment.
1.2.3 State authorities must discharge the investigative duties in a manner consistent with their obligation to combat impunity for ill-treatment and other
serious human rights violations.
1.2.4 States are to combat impunity, which arises where those responsible are
not brought to account, as a matter of justice for the victims, as a deterrent
with respect to future human rights violations and in order to uphold the
rule of law and public trust in the justice system.
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