Commissions of inquiry 2012, para. 76

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Paragraph text: Evidence will often point to key actors responsible for the collapse of the rule of law, because institutions often break down when public officials in charge of them fail to live up to their duties. Nevertheless, the commission should resist the temptation to "name names". As stated above, officials must benefit from the presumption of innocence, and their conduct should be judged by the courts, not by a quasi-judicial investigatory body. This rule is also applicable to those individuals whose participation in the alleged criminal conduct was indirect. In all cases, the commission should submit the names and the preliminary evidence against each suspected individual to courts or prosecutors for appropriate legal action. If the commission decides to separate institutional failings from potential criminal activity and to name names of persons responsible for the former, it should still institute a measure of due process for those so identified; at the very least they must be able to appear before the commission, confront the allegations about their misconduct and offer their own version of events.

Body: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Topic(s)

Person(s) affected