Principles on
the Effective Investigation and Documentation of Torture and
Other Cruel,
Inhuman or Degrading Treatment or Punishment
Adopted by General Assembly resolution 55/89 Annex, 4
December 2000
1. The
purposes of effective investigation and documentation of
torture and other cruel, inhuman or degrading treatment or
punishment (hereinafter "torture or other ill-treatment")
include the following:
(a) Clarification of the facts and establishment and
acknowledgement of individual and State responsibility for
victims and their families;
(b) Identification of measures needed to prevent recurrence;
(c) Facilitation of prosecution and/or, as appropriate,
disciplinary sanctions for those indicated by the
investigation as being responsible and demonstration of the
need for full reparation and redress from the State,
including fair and adequate financial compensation and
provision of the means for medical care and rehabilitation.
2. States shall ensure that complaints and reports of
torture or ill-treatment are promptly and effectively
investigated. Even in the absence of an express complaint,
an investigation shall be undertaken if there are other
indications that torture or ill-treatment might have
occurred. The investigators, who shall be independent of the
suspected perpetrators and the agency they serve, shall be
competent and impartial. They shall have access to, or be
empowered to commission investigations by, 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. 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 medical expert and outside the presence of security
agents and other government officials.
(b) The medical expert shall promptly prepare an accurate
written report, which shall include at least the following:
(i) Circumstances of the interview: name of the subject and
name and affiliation of those present at the examination;
exact time and date; location, nature and address of the
institution (including, where appropriate, the room) where
the examination is being conducted (e.g., detention centre,
clinic or house); circumstances of the subject at the time
of the examination (e.g., nature of any restraints on
arrival or during the examination, presence of security
forces during the examination, demeanour of those
accompanying the prisoner or threatening statements to the
examiner); and any other relevant factors;
(ii) History: detailed record of the subject's story as
given during the interview, including alleged methods of
torture or ill-treatment, times when torture or
ill-treatment is alleged to have occurred and all complaints
of physical and psychological symptoms;
(iii) Physical and psychological examination: record of all
physical and psychological findings on clinical examination,
including appropriate diagnostic tests and, where possible,
colour photographs of all injuries;
(iv) Opinion: interpretation as to the probable relationship
of the physical and psychological findings to possible
torture or ill-treatment. A recommendation for any necessary
medical and psychological treatment and/or further
examination shall be given;
(v) Authorship: the report shall clearly identify those
carrying out the examination and shall be signed.
(c) The report shall be confidential and communicated to the
subject or his or her nominated representative. The views of
the subject and his or her representative about the
examination process shall be solicited and recorded in the
report. It shall also be provided in writing, where
appropriate, to the authority responsible for investigating
the allegation of torture or ill-treatment. It is the
responsibility of the State to ensure that it is delivered
securely to these persons. The report shall not be made
available to any other person, except with the consent of
the subject or on the authorization of a court empowered to
enforce such a transfer.
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10/ Under
certain circumstances, professional ethics may require
information to be kept confidential. These requirements
should be respected
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