Ability to receive complaints from parties not directly affected – NHRIs should
be able to receive complaints or petitions from a broad range of parties,
including complainants who are not directly affected. Recognising that some
people may find it difficult (or be reluctant) to lodge complaints with an official
body, civil society organisations should be permitted to make complaints on
their behalf, provided they have received prior consent from the direct victims
or their representatives.
Power to act on individual or collective issues at their own initiative (suo motu)
– NHRIs should always have authority to take up individual or collective issues
at their own initiative, without a complaint having been lodged.
Responding in a timely manner to complaints – Internal procedures should
establish deadlines for dealing with complaints and for informing the parties of
the status of the complaint. In particular, authorities against whom complaints
are made should be required to make an initial response within a certain time.
This said, the objective is to investigate complaints thoroughly, and evidence
that cases have been dealt with quickly should be given less prominence than
evidence of satisfactory resolution.
Investigation of serious violations should not be time-limited – NHRIs should
not be prevented from investigating serious human rights violations by time
limits (statutes of limitation). Fear, psychological trauma or difficulty in gathering
supporting evidence may delay the lodging of such complaints. Passage of
time should not allow those responsible to escape accountability or those
affected to lose the right to obtain redress.
Employing staff with professional investigation skills – Skilled professionals
(from forensic doctors to ballistic experts) may be needed to conduct some
investigations. Conflicts of interest may arise if the latter are linked institutionally
to public services. For example, police investigators should not be recruited
on secondment to investigate police misconduct. Recruitment of such experts
often presents problems and national institutions should be authorised to bring
experts from outside the country where this is necessary.
Power to compel witnesses to testify, require presentation of evidence and
conduct on-site investigations – NHRIs should have legal authority to compel
the appearance of witnesses and presentation of evidence as well as obtain
access to premises. This is a crucial advantage that an official human rights
body has over a non-governmental one. This said, procedures should take
account of the legal rights of those who might be affected by legal proceedings
relating to the same case.
Power to protect witnesses – NHRIs should have the power to organise secure
witness protection programmes. They should be able to recommend suspension
from duty of officials under investigation for human rights violations. This then
ensures that the latter have no power over witnesses or complainants. This
would be without prejudice to the investigation.
Power to compel authorities to respond to their recommendations – NHRIs
usually have no direct power to enforce their recommendations. To have such
power is generally regarded as being contrary to justice, because NHRIs
Assessing the Effectiveness of National Human Rights Institutions 21
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