A/HRC/13/36 constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law. Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies. National human rights institutions, endowed with appropriate powers, can contribute to this end. 21. The Human Rights Committee also stated in general comment No. 31 that article 2, paragraph 3, requires that States parties make reparation to individuals whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the obligation to provide an effective remedy, which is central to the efficacy of article 2, paragraph 3, is not discharged. In addition to the explicit reparation required by articles 9, paragraph 5, and 14, paragraph 6, the Committee considered that the Covenant generally entails appropriate compensation. The Committee noted that, where appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations. A. Accountability 22. Where serious violations of human rights occur, States have the duty to ensure that such violations are properly investigated and, wherever possible, investigation should lead to a judicial or other appropriate response.4 The failure to conduct an independent investigation of serious human rights violations not only reinforces the violations that have already been committed but can lead to the serious deterioration of larger countrywide human rights situations. On the other hand, a timely and efficient inquiry can have a preventive effect and improve the overall national human rights situation. Failure to investigate also violates the human rights of the victims.5 Also, a failure by a State party to investigate allegations of violations could give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.6 23. States are under the obligation to investigate all human rights violations. Under extreme circumstances, where a state of emergency is declared, derogations from some rights and freedoms are permissible under article 4 of the International Covenant on Civil and Political Rights, but they should not exceed the exigencies of the situation.7 Article 4 4 5 6 7 GE.10-10442 See Committee against Torture, communication No. 257/2004, Keremedchiev v. Bulgaria, 11 November 2008, para. 11. See also Inter-American Court of Human Rights, Montero Aranguren et al. v. Venezuela, 5 July 2006, where the Court stated that “the State has the obligation to combat impunity by all available legal means, since it promotes the chronicle repetition of violations to human rights and the defenselessnes of the victims and their next of kin”, para. 137. See Committee against Torture, communication No. 188/2001, Abdelli v. Tunisia. See also the independent study on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity, by Diane Orentlicher (E/CN.4/2004/88), and “The state of human rights in Europe and the progress of the Assembly’s monitoring procedure”, Council of Europe, Strasbourg, June 2008. See Human Rights Committee general comment No. 31, para. 15, 29 March 2004. See also article 25 of the American Convention on Human Rights and Velásquez Rodríguez v. Uruguay, 26 June 1987, para. 91. See also Human Rights Committee, communication No. 1332/2004, Juan García Sánchez and Benvenida Gonzalez Clares v. Spain, 31 October 2006. Article 4 of the International Covenant on Civil and Political Rights cannot be invoked to derogate from the rules of the Geneva Conventions of 1949. Derogation measures must be consistent with State obligations under international humanitarian law. The minimum provided for in article 3 of the four Geneva Conventions of 1949 must be respected. In particular, the minimum provided in article 3 9