Commissions of inquiry 2012, para. 47
Paragraph- Paragraph text
- Although a commission of inquiry may aid States in the fulfilment of their international legal obligations with regard to torture and other forms of ill-treatment, establishing a commission of inquiry does not diminish such legal obligations. The international legal framework must therefore be considered at all stages of the development and implementation of commissions of inquiry into torture and other forms of ill-treatment. International law recognizes wide ranging obligations on States and corresponding rights of victims of torture and other forms of ill-treatment. The International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and constitutive documents of the regional human rights systems identify six interrelated obligations of States. Generally, these obligations are (a) the duty to protect from ill-treatment by public and private actors; (b) the duty to investigate; (c) the duty to enact and enforce legislation criminalizing torture; (d) the duty to exclude statements obtained by torture and other forms of ill-treatment from evidence against the accused in a criminal trial; (e) the duty to train personnel and provide procedural safeguards; and (f) the duty to grant redress and reparation for victims. An effective commission of inquiry will assist a State in meeting each of these obligations, which all remain in effect regardless of the breadth of the mandate or terms of reference of the commission.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
- Paragraph number
- 47
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