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

or ill-treatment has arisen, and to be conducted necessary budgetary and technical resources for
expeditiously throughout. 339 The lack of a prompt effective investigation. The investigative body must
or expeditious investigation does not provide a also have the authority to oblige all those acting
justification for lack of action due to the passage of in an official capacity who were allegedly involved
time, as torture and ill-treatment ought not to be in torture or ill-treatment to appear and testify.
subject to any statutes of limitation. 340 Investigations The same applies to any witness. To this end, the
must be carried out in an impartial manner, taking investigative authority is entitled to issue summonses
into account potential conflicts of interest, hierarchical to witnesses, including any officials allegedly involved
relationships with potential suspects and the specific and to demand the production of evidence.
conduct of the investigators. 341 An impartial
investigation must be thorough and include several 4. Protection measures
essential investigatory steps, including a forensic
medical investigation. 342 The investigators, who 195. Alleged victims of torture or ill-treatment, witnesses
should be independent of the suspected perpetrators and those conducting the investigation and their
and the agency that they serve, must be competent families must be protected from violence, threats of
and impartial. They must have access to or be violence or any other form of intimidation or reprisals
empowered to commission investigations by impartial that may arise pursuant to the investigation. Those
medical or other experts. The methods used to potentially implicated in torture or ill-treatment
carry out these investigations must meet the highest should be removed from any position of control or
professional standards. The investigation should power, whether direct or indirect, over complainants,
be conducted transparently and the victims, their witnesses or their families, as well as those conducting
lawyers and the judicial authority should have access the investigation. 346 In addition, States should take
to the findings. Authorities should systematically the steps necessary to protect the victims and/or
collect and regularly publish disaggregated witnesses, such as moving them into a safe location
data on the number, content and outcome of (e.g. witness protection and safe houses).
complaints and investigations relating to torture or
ill-treatment. 343 An independent review body should 5. Rights of victims in the context of investigations
be tasked with reviewing the handling of specific
complaints and investigations relating to torture or 196. Alleged victims of torture or ill-treatment have
ill-treatment upon request and with examining, and the right to complain about such treatment and
annually reporting on, the effectiveness of relevant to have such complaints promptly and impartially
complaints procedures and investigations. 344 examined and the right to an effective remedy. 347
States must ensure that the right to complain can be
3. Adequate resources, capacity and competence exercised effectively. This includes the right: (a) to be
informed about available remedies and complaints
194. The investigative authority should have the power procedures; 348 (b) to have access to a lawyer, to
and obligation to obtain all the information necessary a physician (upon being taken into custody and
for the inquiry. 345 The persons conducting the regularly during detention), to family members 349
investigation must have at their disposal all the and to diplomatic and consular representatives (for

339 Convention against Torture, arts. 12–13; and Inter-American Convention to Prevent and Punish Torture, art. 8. See also A/69/387, paras. 24 and 68 (a).
340 European Court of Human Rights, Cestaro v. Italy (see footnote 138), para. 208. See also, for example, CCPR/C/JOR/CO/5, para. 17 (a); and CAT/C/THA/CO/1,
para. 9 (c).
341 Nelson Mandela Rules, rule 57 (3).
342 See, for example, A/68/295.
343 Erik Svandize, Effective Investigation of Ill-Treatment: Guidelines on European Standards, 2nd ed. (Council of Europe, 2014), pp. 15 and 65; and Committee against Torture,
general comment No. 2 (2007), para. 23. See also CAT/C/57/4, paras. 59 and 75.
344 Svandize, Effective Investigation of Ill-Treatment, pp. 42 and 58; and Council of Europe, “Opinion of the Commissioner for Human Rights”, paras. 80–87.
345 Under certain circumstances professional ethics may require information to be kept confidential. These requirements should be respected.
346 Nelson Mandela Rules, rule 71 (3).
347 Committee against Torture, general comment No. 3 (2012), paras. 25 and 33–34.
348 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 13; and Nelson Mandela Rules, rule 54 (b).
349 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principles 15–19 and 24–25; Nelson Mandela Rules, rules 58–61; and
European Committee for the Prevention of Torture, “12th general report on the CPT’s activities covering the period 1 January to 31 December 2001”, CPT/Inf(2002)15,
para. 40. See, on health-care services in detention, Nelson Mandela Rules, rules 24–35; and Svandize, Effective Investigations of Ill-Treatment, pp. 25–30.

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