Commissions of inquiry 2012, para. 52

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Paragraph text: The scope and type of information uncovered by commissions of inquiry are often different from the information that is disclosed through formal criminal investigation and prosecution. Whereas prosecutions are intended to fulfil a State's duty to achieve individual accountability, they may only bring to light a limited amount and type of information. Once an allegation of torture and other forms of ill-treatment is referred to competent authorities for the purpose of prosecution, the complete results of the ensuing investigation are not always disclosed for public record. While focused on accountability, commissions of inquiry also delve more deeply and broadly into the relevant facts and circumstances that led to the violations than a prosecutorial investigative authority would. In this way, a commission of inquiry can help to establish a more complete picture of how and why torture occurred by analysing not just the human, legal and political consequences of a State policy of torture but also by revealing insights into wider patterns of violations, institutional involvement and responsibility, and command responsibility, as well as provide valuable background information and leads to witnesses (see for example the Gibson Inquiry).

Body: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Topic(s)

Person(s) affected