5 Chapter MAJOR PROBLEMS OF EFFECTIVE RESPONSE TO INSTANCES OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 5.1. The lack of an effective mechanism for investigation Most human rights activists and practicing lawyers have the opinion that the existing mechanism in Kyrgyzstan on investigation of allegations of torture is ineffective, since it does not fully comply with generally recognized principles of effective investigation. International instruments for the protection of human rights require that an investigation of allegations of torture be impartial, prompt and effective. The European Court of Human Rights has developed five principles for the effective investigation of complaints of torture:  Independence There should not be institutional or hierarchical connections between the investigators and the officer complained against, and there should be practical independence.  Adequacy The investigation should be capable of gathering evidence to determine whether the police behavior complained of was unlawful and to identify and punish those responsible.  Promptness The investigation should be conducted promptly and in an expeditious manner in order to maintain confidence in the rule of law  Public scrutiny Procedures and decision-making should be open and transparent in order to ensure accountability.  Victim involvement The complainant should be involved in the complaints process in order to safeguard his or her legitimate interests. 64 | Annual Report 2014