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

B. Principles on the Effective have been identified in international instruments,
Investigation and Documentation jurisprudence and relevant practice. 333 Torture or
of Torture and Other Cruel, ill-treatment committed as elements of international
Inhuman or Degrading Treatment crimes require additional elements to be proven, such
or Punishment as nexus to an armed conflict for torture as a war

crime, or being part of a widespread or systematic
191. The following principles are based on international attack against any civilian population for torture as
legal standards as discussed in chapter I and examples a crime against humanity. 334 Gender-based crimes
of good practice, and represent a consensus among committed against men, women, boys, girls or
individuals and organizations having expertise in the transgender or intersex persons, racially, ethnically
investigation of torture and ill-treatment. The purposes or politically motivated crimes and crimes abusing
of effective investigation and documentation of torture vulnerability, such as of children or persons with
and ill-treatment include the following (see annex I): disabilities, may warrant special consideration. They
may constitute concurrent crimes of torture and rape,
(a) Clarification of the facts and establishment and or torture and other relevant offences related to the
acknowledgement of individual and State responsibility specific form of abuse respectively. 335 The investigation
for victims and their families; of such crimes requires establishing the relevant
facts, patterns and causes of the crime, particularly
(b) Identification of measures needed to prevent discrimination, also with a view to preventing
recurrence; recurrence, including adequate measures of protection.

(c) Facilitation of prosecution or, as appropriate, 2. Prompt, independent and effective
disciplinary sanctions for those indicated by the investigations
investigation as being responsible and demonstration
of the need for full reparation and redress from 193. States should establish, preferably on a statutory basis,
the State, including fair and adequate financial mechanisms with full investigatory powers that are
compensation and provision of the means for medical institutionally and functionally independent, such
care and rehabilitation. 332 as independent police complaints commissions or
ombudspersons, to ensure impartiality. 336 Investigative
1. Elements of the crime of torture bodies should reflect the diversity of the communities
that they serve. 337 States must ensure that complaints
192. Facts to be determined in an investigation depend and reports of torture or ill-treatment are promptly
on the elements of the crime (or other legal context) and effectively investigated. Even in the absence of
being investigated, as recognized in the jurisdiction an express complaint, an investigation should be
or before the tribunal in question. For torture, as carried out wherever there is reasonable ground to
defined in article 1 of the Convention against Torture, believe that an act of torture or ill-treatment has been
these elements consist of the intentional infliction of committed. A prompt investigation is essential in order
severe pain or suffering, whether physical or mental, to ensure the protection of the victim and to avoid the
the relevant purpose, and the level of involvement of risk that any traces of torture or ill-treatment might
persons acting in an official capacity. The elements of disappear. 338 Investigations need to be commenced
cruel, inhuman or degrading treatment or punishment without any delay, taking place within hours or, at
consist of the multiple forms of ill-treatment that the most, a few days after the suspicion of torture

332 Adequate reparation includes restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, as set out in the 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. See also
Committee against Torture, general comment No. 3 (2012).
333 A/HRC/13/39, para. 60.
334 See, for example, International Criminal Court, Elements of Crimes (2010), arts. 7 (1) (f), 8 (2) (a) (ii)-1 and 8 (2) (c) (i)-4.
335 A/HRC/31/57, inter alia, paras. 51–53.
336 Council of Europe, “Opinion of the Commissioner for Human Rights concerning independent and effective determination of complaints against the police”, CommDH(2009)4,
12 March 2009.
337 Investigative bodies should focus on incorporating anti-bias measures into their recruitment, training, education and evaluation of investigators. See Michael H. Tulloch,
Report of the Independent Police Oversight Review (Ontario, 2017), sects. 4.100, para. 9, and 4.730; and Committee on the Elimination of Racial Discrimination, general
recommendation 31 (2005) para. 1 (b).
338 Committee against Torture, Blanco Abad v. Spain (CAT/C/20/D/59/1996), para. 8.2.

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