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. 15

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