Commissions of inquiry 2012, para. 65
Paragraph- Paragraph text
- The legal instrument should also clearly establish the powers and attributions of the commission. Regardless of whether the findings of the commission have legal force in the national jurisdiction or are guidelines for future action of State institutions, it is imperative that commissions be seen as "official" bodies whose work and outcome the State pledges to respect and abide by. A commission must have the ability to inspect all documents in public agencies and archives, including those classified as secret or of limited distribution. A commission of inquiry should have subpoena powers; alternatively, it should be empowered to obtain evidence by applying to courts in order to summon witnesses and compel testimony, subject to the right of a person to remain silent if testimony might tend to be self-incriminating. These powers should extend to obtaining warrants for the inspection of places and search and seizure of documents and material evidence. In addition, a commission should have legally granted powers to protect witnesses, victims and their families from possible reprisal for their testimony.
- 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
- All
- Year
- 2012
- Paragraph type
- Other
- Paragraph number
- 65
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