A/HRC/52/30 16. There have been numerous worthwhile developments at the domestic level. Universal jurisdiction4 has been effectively exercised in respect of historic cases, mass atrocities and even in the prosecution of company executives for complicity in torture. 5 Truth and reconciliation efforts have brought restorative justice to millions and have been important sources of evidence gathering for criminal trials. Hybrid or mixed tribunals have successfully helped instigate domestic legislative reforms, enhanced local capacity and, importantly, placed judicial outcomes in the hands of society.6 17. Developments in forensic science and technology are enabling more secure and reliable evidence collection and preservation. 7 Expertise in torture documentation, both physical and psychological, is growing, thanks to the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol), and, in cases when torture leads to murder, to the Minnesota Protocol on the Investigation of Potentially Unlawful Death. Humane and noncoercive interviewing techniques, such as those presented in the Principles on Effective Interviewing for Investigations and Information Gathering (the Méndez Principles), are also applicable to investigations of torture. The need for specialist expertise when handling complaints of sexual torture has been acknowledged and investigators are aided by a range of important guidance for persons with special vulnerabilities (see para. 54 below). Open source information is being used to considerable effect, alerting the general public and authorities of potential violations and raising the stakes on Governments to respond appropriately. The Berkeley Protocol on Digital Open Source Investigations, launched in 2020, sets out common global standards for using public digital information, including videos, photographs, satellite imagery and social media posts. 18. The report of the Special Rapporteur examines the duty of States to investigate acts of torture for the purposes of criminal prosecution at the domestic level, reminding States of their binding obligations, highlighting key challenges, obstacles and impediments and presenting good practices drawn from diverse contexts. The report aims to address the alarmingly low number of investigations into torture and other ill-treatment. This glaring gap between the promise and reality of the international prohibition against torture makes the duty to investigate a topic worthy of discussion at the Human Rights Council. 19. The Special Rapporteur is grateful for the submissions of 24 States8 and over 34 other stakeholders to the present report9 and expresses her deep appreciation to the 26 experts and practitioners drawn from all geographical regions who took part in her online consultation held on 29 and 30 November 2022. B. Duties to criminalize, investigate and prosecute all acts of torture 20. Attached to the peremptory and absolute prohibition of torture are obligations to investigate all acts of torture or other cruel, inhuman or degrading treatment or punishment, to prosecute or extradite suspects, to punish those responsible and to provide remedies to victims. According to the International Court of Justice, the duty to investigate for the purposes of prosecution or extradition aligns with States’ “common interest to ensure, in view of their shared values, that acts of torture are prevented and that, if they occur, their authors do not enjoy impunity […] regardless of the nationality of the offender or the victims, or of 4 5 6 7 8 9 4 See A/HRC/4/33. TRIAL International et al., Universal Jurisdiction: Annual Review 2022. Such as those established in Cambodia, Kosovo [all references to Kosovo should be understood to be in compliance with Security Council resolution 1244 (1999)], Senegal, Sierra Leone and Timor-Leste; and also, as recently announced, in the Gambia. See A/69/387. Armenia, Australia, Dominican Republic, Ecuador, El Salvador, Germany, Iraq, Ireland, Italy, Kuwait, Luxembourg, Mexico, Morocco, Namibia, North Macedonia, Poland, Portugal, Qatar, Saudi Arabia, Sweden, Türkiye, Ukraine, Uruguay and State of Palestine. All submissions are available at: OHCHR| Good practices in national criminalization, investigation, prosecution and sentencing for offences of torture. GE.23-03126