A/HRC/19/61
mechanism does not relieve States of their legal obligations to investigate and prosecute
torture and other forms of ill-treatment, and to provide effective remedies to victims of past
violations, including reparation for harm suffered and to prevent its reoccurrence.
Commissions of inquiry should in fact be conceived of as a means to fulfil such obligations
most effectively.
The Special Rapporteur identifies best practices and discusses standards as a way to
determine when and how commissions of inquiry actually advance principles of
international law and aid States and the international community in the fulfilment of their
international legal obligations. He identifies a number of key factors in establishing a fair,
effective and thorough commission of inquiry: resources; choice between international and
national; composition; mandate, powers and attributions; methodology; evaluation of
evidence; relationship with prosecutions; and the report.
The Special Rapporteur concludes that commissions of inquiry are strong and
flexible mechanisms that can yield substantial benefits for Governments, victim
communities and the wider public. He seeks to encourage the beneficial use of
commissions of inquiry while highlighting the pitfalls to be avoided.
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