A/HRC/52/30
public scrutiny, that the competent authorities act with diligence and expediency and that
victims are involved (with regard to the latter, see sect. E above).86
62.
For impunity to end, all public officials should be formally required to notify the
competent independent authorities immediately upon becoming aware of allegations or
indications of torture or ill-treatment. 87 It is a gross contravention of medical ethics for
medical personnel to participate or be complicit in acts of torture88 and best practice imposes
a mandatory legal duty to report any suspicions to the competent authorities, much like the
obligation to report concerns of child abuse that exists in many countries. Prosecutors have
duties to be objective, impartial and professional.89 Judges have an obligation to call for an
investigation if defendants appearing in court assert that they have been subjected to any form
of abuse, allege coercion during interrogation or being forced to confess or in cases where
indications of injury are visible. Alertness to the demeanour and composure of persons
appearing in court ought to trigger questions by judges, who should exercise their good
judgment as to whether to make further inquiries in confidence in their offices or by holding
a separate confidential session away from the detaining authorities. The Human Rights
Commission of Uganda “Human Rights Investigators’ Handbook” sets out standards for
effective investigations, emphasizing soft skills when dealing with victims and witnesses,
including patience, curiosity, objectivity, persistence and common sense.
63.
There can be no effective torture prevention if the same authorities against whom
allegations are being made are themselves investigating their peers, subordinates or superiors.
If investigators are not hierarchically, administratively and financially independent of the
authorities they are investigating90 there is an irreconcilable conflict of interest. The principle
of impartiality applies to all persons involved in investigating incidents or in taking decisions
in reference to incidents, including the investigative body, forensic medical practitioners
engaged to document the incident, prosecutors, lawyers, judges and special bodies. Case law
of the European Court of Human Rights is illustrative of specific cases where investigations
were considered to lack the requisite independence, for example where a military prosecutor
was in a subordinate relationship within the military hierarchy,91 where the investigating
authority delegated a major part of the investigation and then later relied on that information
to argue to the contrary,92 or where, in the course of investigations, a spokesperson for the
Government declared to the media that the allegations in question were untrue.93
64.
The rules on impartiality and independence apply to civilian as well as military
investigations. The Independent Commission on Investigations of Jamaica is a civilianstaffed State agency established by Parliament with statutory authority to carry out
investigations into the actions by members of the security forces and other State agents that
result in death or injury or abuse the rights of persons. Complainants and alleged victims are
to be kept informed of progress in their investigations every 60-days and reports are presented
to Parliament every six months.
65.
In cases of widespread allegations of torture, particular procedures or bodies may need
to be established to process mass claims. In Chile, nearly 30,000 survivors of political
imprisonment, enforced disappearance and torture under the brutal dictatorship of General
86
87
88
89
90
91
92
93
GE.23-03126
Convention against Torture, art. 12; European Court of Human Rights, M and others v. Italy and
Bulgaria, Application No. 40020/03, 31 July 2012, para. 100.
Council of Europe, Fourteenth General Report on the activities of the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (2004) 28),
para. 27.
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the
Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (General Assembly resolution 37/194), principle 2.
International Association of Prosecutors, Standards of Professional Accountability and Statement of
the Essential Duties and Rights of Prosecutors (1999), art. 4.2 (a) and (b).
European Court of Human Rights, Bouyid v. Belgium, Application No. 23380/09, 28 September 2015,
para. 118.
Ibid., Mocanu and Others v. Romania, App. Nos 10865/09, 45886/07 and 32431/08, 17 September
2014, para. 333.
Ibid., Najafli v. Azerbaijan, Application No. 2594/07, 2 October 2012.
Ibid., Emin Huseynov v. Azerbaijan, Application No. 59135/09, 7 May 2015, para. 74.
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