A/HRC/15/50 20. In contrast, international human rights law sets out more elaborate standards with respect to the duty to investigate. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires “prompt” and “impartial” investigations by competent authorities into allegations of torture (art. 12). The International Covenant on Civil and Political Rights does not refer explicitly to a duty to investigate; however, the Human Rights Committee has consistently urged States parties to undertake full criminal investigations in cases of serious violations of human rights so as to bring the perpetrators to justice.11 Despite the Covenant’s silence on this point, the Human Rights Committee has held that a failure to investigate alleged human rights violations, such as violations of the right to life and enforced disappearances, itself constitutes a violation of the Covenant.12 21. The human rights treaties and soft law instruments rely on a range of criteria or standards, at times overlapping, to guide investigations. Most of the relevant pronouncements stem from the Human Rights Committee. Its jurisprudence runs largely parallel to the jurisprudence of the European Court of Human Rights and the InterAmerican Court of Human Rights. The most common criteria – referred to in the FFM report as “universal principles”13 – are independence, impartiality, thoroughness, promptness and effectiveness. In addition, soft law standards specify that investigative bodies should have adequate powers to carry out their duties; soft law standards also provide direction with respect to collecting and analysing evidence, undertaking autopsies, reporting by medical experts, calling and protecting witnesses, involving victims and family members, providing budgetary and technical resources, as well as establishing independent commissions of inquiry.14 Transparency is also a key element, both as to the manner in which the inquiry is conducted and in ensuring there is public scrutiny of the results.15 Human rights bodies have defined the most common criteria as follows: 22. Independence. Both the body undertaking the investigation as well as its members should be independent in the sense of being institutionally detached from those implicated in the events. For example, those potentially implicated in violations should have no supervisory role, whether direct or indirect, over those conducting the investigation.16 Independence goes beyond institutional independence, however: investigatory bodies and 11 12 13 14 15 16 See, e.g., its general comment No. 31 (2004) on the nature of the legal obligation on States parties to the Covenant, para. 15. See, e.g., A/HRC/12/48, footnote 1153; Umetaliev et al. v. Kyrgyztan, communication No. 1275/2004, views of 30 October 2008, paras. 9.4–9.6; Amirov v. Russian Federation, communication No. 1447/2006, views of 2 April 2009, paras. 11.2–11.4. A/HRC/12/48, para. 1814. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Economic and Social Council resolution 1989/65, annex, principles 9–17); Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution 55/89, annex). Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, principles 10, 16 and 17; Principles on the Effective Investigation and Documentation of Torture, principles 2, 3, 4 and 5 (b). See also Committee against Torture, Danilo Dimitrijevic v. Serbia and Montenegro, communication No. 172/2000, views of 16 November 2005, para. 7.3, and Osmani v. Serbia, case 261/2005, 8 May 2009, para. 10.7; and Inter-American Court of Human Rights, case of the “Las Dos Erres” Massacre, No. 211, Judgement, 24 November 2009, para. 236. European Court of Human Rights, Davydov and Others v. Ukraine, application Nos. 17674/02 and 39081/02, Judgement, 1 July 2010, para. 277; Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, principle 15; Principles on the Effective Investigation and Documentation of Torture, principle 3 (b). 7