III. The investigation: grounds and purposes 3.1 Grounds for investigation 3.1.1 The obligation to initiate an investigation arises when the competent authorities receive a plausible allegation or other sufficiently clear indications that serious ill-treatment might have occurred. An investigation should be undertaken in these circumstances even in the absence of an express complaint. Until recently, the Court required the existence of an “arguable claim” in order for the responsibility to investigate ill-treatment to be engaged.76 Having been presented with wide variety of different circumstances, the Court tightened its standards under Article 3, requiring an investigation even in the absence of any articulated claim. The obligation to initiate an investigation into torture or other forms of ill-treatment now exists where there are “sufficiently clear indications” that ill-treatment “might have occurred”.77 This approach is in line with the Istanbul Principles78 and the CPT standards.79 Enquiries must therefore be undertaken where possible ill-treatment is indicated by visible injuries, a person’s general appearance or demeanour, and other relevant indications.80 The Strasbourg Court also states that investigations are required “when the competent authorities receive an allegation that is not factually implausible or other sufficiently clear indications that serious ill-treatment might have occurred.”81 Accordingly, the Guidelines suggest that the wordings “plausible allegations or other indications of ill-treatment” or “credible accounts of ill-treatment” should be used in order to help secure prospects and avenues for the initiation of investigations. 76. See Kuznetsov v. Ukraine, Judgment of 29 April 2003, application no. 39042/97, para. 105 and İpek v. Turkey, Judgment of 17 February 2004, application no. 25760/94, para. 77. Bati and Others v. Turkey, Judgment of 3 June 2004, applications nos. 33097/96 and 57834/00, para. 100; 97 members of the Gldani Congregation of Jehovah’s Witnesses and 4 Others v. Georgia, Judgment of 3 May 2007, application no. 71156/01, para. 97. 78. Istanbul Principles, para. 2. 79. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 27. 80. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 28. 81. See 97 members of the Gldani Congregation of Jehovah’s Witnesses and 4 Others v. Georgia, Judgment of 3 May 2007, application no. 71156/01, para. 97. For the purposes of the Guidelines, this wording is interchangeable with ‘credible accounts’, unless otherwise stated. Effective investigation of ill-treatment – Guidelines ► Page 38