Commissions of inquiry 2012, para. 53
Paragraph- Paragraph text
- Commissions of inquiry are able to complement the prosecutorial function as they may make use of information not admissible in a court of law because the evidentiary standards are less rigorous. For example, in commissions of inquiry, hearsay evidence is generally admissible owing to the lower evidentiary standards required. Similarly, often the required burden of proof is not as high as it would be in criminal trials; for example, a preponderance of the evidence may be sufficient, as opposed to proof beyond a reasonable doubt. Moreover, in the case of commissions of inquiry, individuals are typically invited voluntarily to testify or submit written statements, unlike the more formal deposition proceedings generally required in traditional courts of law.
- 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)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
- Paragraph number
- 53
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