Contents
PREFACE
5
ABBREVIATIONS 8
GUIDELINES ON INTERNATIONAL STANDARDS
9
EXPLANATORY NOTE
17
Legal basis
17
I. The origins of the obligation to investigate ill-treatment
18
1.1 The absolute prohibition of ill-treatment
18
1.2 The obligation to investigate ill-treatment
19
II. Facilitating prospects for effective investigation and access to investigative
mechanisms 25
2.1 General considerations
25
2.2 The fundamental safeguards against ill-treatment
25
2.3 Other arrangements
30
III. The investigation: grounds and purposes
38
3.1 Grounds for investigation
38
3.2 Principal purposes of investigations
42
IV. Measuring effectiveness: the key criteria
43
4.1 Independence and impartiality
43
4.2 Thoroughness
46
4.3 Promptness
53
4.4 Competence
55
4.5 Victim involvement and public scrutiny
57
V. Forms of investigation and punishment
59
5.1 Procedural forms of investigation
59
5.2 Investigative systems
61
VI. Guaranteeing effectiveness
64
VII. Obligation to deter
65
7.1 Legislative framework
65
7.2 Adequacy of punishment
66
APPENDICES 73
Appendix 1: Combating impunity
73
Appendix 2: Independent and effective determination of complaints against the
police 81
Appendix 3: Principles on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
104
Appendix 4: Implementation of Article 2 of the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or punishment by
States parties
108
Appendix 5: Guidelines of the Committee of Ministers of the Council of Europe
on eradicating impunity for serious human rights violations
118
Appendix 6: Documenting and reporting medical evidence of ill-treatment
129
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