INVESTIGATIONS INTO TORTURE OR OTHER ILL-TREATMENT:
THINGS TO CONSIDER
1.
Is there a body or entity with a mandate covering investigations into torture and other ill-treatment, or
independent units within departments? Are they procedurally independent from the institution and individuals
accused of wrongdoing or misconduct, to ensure arm’s length and impartial investigations?
2.
Are there procedural guidelines for carrying out investigations? Are these procedures known to investigators, to
the complainant, those against whom a complaint is made and others involved in the process? Are they publicly
available and widely disseminated – website, (social) media etc.?
3.
Are there procedures in place to inform the complainants, witnesses and other individuals concerned with the
investigation of the nature of the proceedings, why their evidence is being sought, and how any evidence may be
used? Do these procedures require investigators or other designated officials to explain to victims and witnesses
which aspects of the investigation will be made public and which will remain confidential, and the procedures, if
available, for requesting a confidential hearing?
4.
Are there procedures to allow the complainants, witnesses and the accused to be kept informed of progress with
the investigation and all key hearings and rules regulating providing testimony and other evidence?
5.
What are the powers and mandate of the investigators? Are these set out in law or regulations, and publicly
available? Do investigators have access to and are they able to examine all the necessary information; access the
place or premise where the act allegedly took place; able to interview persons of their choosing in private; and
have access to all relevant documents?
6.
Are forensic medical examinations available? Do they follow good practice as set out in the Istanbul Protocol? Are
those in charge of investigations trained in the use of the Istanbul Protocol/ other methods of investigating human
rights violations?
7.
From the earliest stage of the procedure, is the alleged victim of torture provided with access to rehabilitation
services?
8.
What procedures are in place to protect individuals and/or their families from reprisals, intimidation, harassment
or other threats? Is there a procedure to suspend or remove from active service those against whom a complaint is
made? Does the State have a system of victim or witness protection?
TOOL: Complaints and investigations
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