A/HRC/19/61 United Nations General Assembly Distr.: General 18 January 2012 Original: English Human Rights Council Nineteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez * Summary In the present report, the Special Rapporteur gives an overview of his activities during the reporting cycle in relation to country visits, pending visit requests, presentations, consultations, communications and press statements. The thematic focus of the report, commissions of inquiry, was selected by the Special Rapporteur to help deepen the international community’s understanding on when such commissions should be created by States in response to patterns or practices of torture and other forms of ill-treatment. Furthermore, the purpose of the report is to generate further discussion of the standards that apply to the establishment and conduct of commissions of inquiry, and the relationship between such commissions and the fulfilment by States of their international legal obligations with regard to torture and other forms of ill-treatment. The Special Rapporteur examines the scope and role of commissions of inquiry in the international human rights context and pays tribute to the earlier work on this subject, including the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) and the updated set of principles for the protection and promotion of human rights through action to combat impunity. The Special Rapporteur evaluates the objectives of commissions of inquiry and the added value of such mechanisms. In the report, the Special Rapporteur also provides an overview of the current practice of commissions of inquiry at the international, regional and national levels. He notes that, where possible, the possibility of national commissions of inquiry ought to be pursued before the establishment of an international commission. The Special Rapporteur analyses the complementary role that commissions may play, but stresses that the * GE.12-10167 Late submission.

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