A/RES/55/89
impartial medical or other experts. The methods used to carry out such
investigations shall meet the highest professional standards and the findings shall be
made public.
3.
(a) The investigative authority shall have the power and obligation to obtain
all the information necessary to the inquiry. 10 The persons conducting the
investigation shall have at their disposal all the necessary budgetary and technical
resources for effective investigation. They shall also have the authority to oblige all
those acting in an official capacity allegedly involved in torture or ill-treatment to
appear and testify. The same shall apply to any witness. To this end, the
investigative authority shall be entitled to issue summonses to witnesses, including
any officials allegedly involved, and to demand the production of evidence.
(b) Alleged victims of torture or ill-treatment, witnesses, those conducting
the investigation and their families shall be protected from violence, threats of
violence or any other form of intimidation that may arise pursuant to the
investigation. Those potentially implicated in torture or ill-treatment shall be
removed from any position of control or power, whether direct or indirect, over
complainants, witnesses and their families, as well as those conducting the
investigation.
4.
Alleged victims of torture or ill-treatment and their legal representatives shall
be informed of, and have access to, any hearing, as well as to all information
relevant to the investigation, and shall be entitled to present other evidence.
5.
(a) In cases in which the established investigative procedures are inadequate
because of insufficient expertise or suspected bias, or because of the apparent
existence of a pattern of abuse or for other substantial reasons, States shall ensure
that investigations are undertaken through an independent commission of inquiry or
similar procedure. Members of such a commission shall be chosen for their
recognized impartiality, competence and independence as individuals. In particular,
they shall be independent of any suspected perpetrators and the institutions or
agencies they may serve. The commission shall have the authority to obtain all
information necessary to the inquiry and shall conduct the inquiry as provided for
under these Principles.10
(b) A written report, made within a reasonable time, shall include the scope
of the inquiry, procedures and methods used to evaluate evidence as well as
conclusions and recommendations based on findings of fact and on applicable law.
Upon completion, the report shall be made public. It shall also describe in detail
specific events that were found to have occurred and the evidence upon which such
findings were based and list the names of witnesses who testified, with the exception
of those whose identities have been withheld for their own protection. The State
shall, within a reasonable period of time, reply to the report of the investigation and,
as appropriate, indicate steps to be taken in response.
6.
(a) Medical experts involved in the investigation of torture or ill-treatment
shall behave at all times in conformity with the highest ethical standards and, in
particular, shall obtain informed consent before any examination is undertaken. The
examination must conform to established standards of medical practice. In
particular, examinations shall be conducted in private under the control of the
10
Under certain circumstances, professional ethics may require information to be kept confidential. These
requirements should be respected.
6
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