CHAPTER III
LEGAL INVESTIGATION OF TORTURE
74. States are required under international law to
investigate reported incidents of torture promptly and
impartially. Where evidence warrants it, a State in whose
territory a person alleged to have committed or participated in torture is present, must either extradite the
alleged perpetrator to another State that has competent
jurisdiction or submit the case to its own competent
authorities for the purpose of prosecution under national
or local criminal laws. The fundamental principles of any
viable investigation into incidents of torture are competence, impartiality, independence, promptness and thoroughness. These elements can be adapted to any legal system and should guide all investigations of alleged torture.
for other types of investigations of torture. To fulfil this
purpose, those carrying out the investigation must, at a
minimum, seek to obtain statements from the victims of
alleged torture; to recover and preserve evidence, including medical evidence, related to the alleged torture to aid
in any potential prosecution of those responsible; to identify possible witnesses and obtain statements from them
concerning the alleged torture; and to determine how,
when and where the alleged incidents of torture occurred
as well as any pattern or practice that may have brought
about the torture.
75. Where investigative procedures are inadequate
because of a lack of resources or expertise, the appearance
of bias, the apparent existence of a pattern of abuse or
other substantial reasons, States shall pursue investigations through an independent commission of inquiry or
similar procedure. Members of that commission must be
chosen for their recognized impartiality, competence and
independence as individuals. In particular, they must be
independent of any institution, agency or person that may
be the subject of the inquiry.
B.
78. The following principles represent a consensus
among individuals and organizations having expertise in
the investigation of torture. The purposes of effective
investigation and documentation of torture and other
cruel, inhuman or degrading treatment or punishment
(hereinafter referred to as torture or other ill-treatment)
include the following:
76. Section A describes the broad purpose of an
investigation into torture. Section B sets forth basic principles on the effective investigation and documentation of
torture and other cruel, inhuman or degrading treatment or
punishment. Section C sets forth suggested procedures for
conducting an investigation into alleged torture, first considering the decision regarding the appropriate investigative authority, then offering guidelines regarding collection of oral testimony from the reported victim and other
witnesses and collection of physical evidence. Section D
provides guidelines for establishing a special independent
commission of inquiry. These guidelines are based on the
experiences of several countries that have established
independent commissions to investigate alleged human
rights abuses, including extrajudicial killings, torture and
disappearances.
A.
Principles on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(a) Clarification of the facts and establishment and
acknowledgement of individual and State responsibility
for victims and their families;
(b) Identification of measures needed to prevent
recurrence;
(c) Facilitation of prosecution or, as appropriate, disciplinary sanctions for those indicated by the investigation
as being responsible and demonstration of the need for
full reparation and redress from the State, including fair
and adequate financial compensation and provision of the
means for medical care and rehabilitation.
79. States must ensure that complaints and reports of
torture or ill-treatment are promptly and effectively investigated. Even in the absence of an express complaint, an
investigation should be undertaken if there are other indications that torture or ill-treatment might have occurred.
The investigators, who shall be independent of the suspected perpetrators and the agency they serve, must be
competent and impartial. They must have access to or be
empowered to commission investigations by impartial
medical or other experts. The methods used to carry out
these investigations must meet the highest professional
standards, and the findings must be made public.
Purposes of an investigation into torture
77. The broad purpose of the investigation is to
establish the facts relating to alleged incidents of torture,
with a view to identifying those responsible for the incidents and facilitating their prosecution, or for use in the
context of other procedures designed to obtain redress for
victims. The issues addressed here may also be relevant
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