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III. LEGAL INVESTIGATION OF TORTURE OR ILL-TREATMENT ISTANBUL PROTOCOL

witnesses at all stages of the investigation, including the then offering guidelines regarding the collection
right to lodge complaints, to participate in proceedings, of testimony from the reported victim and other
to be protected from threats and harassment, 327 witnesses and other evidence. Section D provides
to have their right to privacy respected, as well as guidelines for establishing a special independent
the right to an effective remedy and to reparation. commission of inquiry. These guidelines are based on
Reparation must be victim-oriented, gender-sensitive, the experiences of practitioners and the practice of
adequate, effective, prompt and comprehensive, several countries that have established independent
tailored to the particular needs of the victim(s) and commissions to investigate alleged human rights
proportionate to the gravity of the harm suffered. 328 abuses, including extrajudicial killings, torture
and disappearances. Section E describes the role
187. In situations in which investigative procedures of prosecutors, judges and other actors in the
are inadequate because of a lack of resources or investigation of torture or ill-treatment. Section F
expertise, the appearance of bias, the apparent sets forth basic principles on the use of evidence of
existence of a pattern of abuse or other substantial torture or ill-treatment in other legal procedures.
reasons, States should pursue investigations through
an independent body or mechanism, such as a
commission of inquiry or similar procedure. Members A. Purposes of an investigation into
of that body must be chosen for their recognized torture or ill-treatment
impartiality, competence and independence as
individuals. In particular, they must be independent 190. The broad purpose of the investigation is to
of any institution, agency or person that may be the establish the facts relating to alleged incidents of
subject of the inquiry. Investigative bodies, such as torture or ill-treatment, with a view to identifying
commissions of inquiry, should be provided with those responsible for the incidents and facilitating
adequate financial and human resources. 329 their prosecution, or for use in the context of other
procedures designed to obtain redress or protection
188. International law recognizes the important role in for victims. The issues addressed here may also be
investigations of actors other than criminal justice relevant for other types of investigations of torture
investigatory bodies, including independent bodies or ill-treatment. To fulfil this purpose, those carrying
at the national, regional and international level, and out the investigation must, at a minimum, seek to (a)
non-State actors, such as human rights defenders who obtain statements from the victims of alleged torture;
document torture, prompt and monitor investigations, (b) recover and preserve evidence, including medical
and represent victims of torture. 330 States should evidence, related to the alleged torture or ill-treatment
respect the exercise of legitimate functions by these to aid in any potential prosecution of those responsible;
actors. 331 Any mandated or non-mandated actor who (c) identify possible witnesses and perpetrators and
investigates torture or ill-treatment, or whose role has a obtain statements from them concerning the alleged
bearing on the investigation of torture or ill-treatment, torture or ill-treatment; and (d) determine how,
should adhere to the standards set out in this manual. when and where the alleged incidents of torture
or ill-treatment occurred as well as any pattern
189. Section A describes the broad purpose of an or practice within which it took place, including
investigation into torture or ill-treatment. Section identifying particular locations and perpetrators,
B sets out basic principles concerning the effective methods used and the role of corruption, and other
investigation and documentation of torture and contextual factors, such as gender, sexual orientation,
ill-treatment. Section C suggests procedures for gender identity, disability, race, ethnicity, nationality,
conducting an investigation into alleged torture age and socioeconomic status of the victim(s).
or ill-treatment, first considering the decision
regarding the appropriate investigative authority,

327 Committee against Torture, general comment No. 3 (2012), paras. 29–36.
328 Ibid., paras. 6–18; Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law; and African Commission on Human and Peoples’ Rights, general comment No. 4.
329 A/HRC/19/61, para. 58.
330 A/69/387, para. 54.
331 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms (General Assembly resolution 53/144, annex), inter alia, art. 9; and updated set of principles for the protection and promotion of human rights through action to
combat impunity, principle 19.

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