Commissions of inquiry 2012, para. 64

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Paragraph text
A commission of inquiry should be created by way of the legal instrument that is most appropriate to its context and should reflect the high importance that States give to such investigative bodies. The legal instrument establishing a commission of inquiry may be an act of parliament, an executive order or decree, or a decision of the highest courts in exercise of their investigatory functions. In all circumstances, the legal instrument establishing a commission of inquiry should identify clearly the terms of reference of the commission's mandate, including a clear temporal and/or geographic framework that is appropriate for the issue being investigated. The mandate should not excessively broaden the universe of violations to be investigated. The text of the authorizing instrument should also set out clearly the scope of the inquiry, citing with precision the events and issues to be addressed. The terms of reference should be stated in neutral language to avoid the impression of a predetermined outcome. A commission should have flexibility to amend its terms of reference in exceptional circumstances, as long as newly found elements warrant the amendment and the commission's decision is publicly and transparently explained.
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
  • N.A.
Year
2012
Paragraph type
Other
Paragraph number
64