A/HRC/22/52 31. In addition, there must be a sufficient element of public scrutiny of the investigation and its results so as to secure public accountability in both theory and practice.63 This implies that the findings of the investigation must be made public,64 subject to redactions authorized by an independent tribunal or other quasi-judicial body where this is found strictly necessary on grounds of national security, having regard to the principles set out at paragraphs 38 to 43 below. 4. The judgment of the European Court of Human Rights in El-Masri v. the former Yugoslav Republic of Macedonia 32. In its recent judgment in El-Masri v. the former Yugoslav Republic of Macedonia, the Grand Chamber of the European Court of Human Rights acknowledged the existence of right to truth (as such) for the first time in its jurisprudence, treating it as an aspect of the State‟s adjectival obligation under Article 3 of the European Convention on Human Rights to conduct an effective and independent official investigation into allegations of torture.65 The case involved the arbitrary detention, rendition and torture of a German citizen who was arrested by officials as he tried to enter the former Yugoslav Republic of Macedonia.66 After 23 days of incommunicado detention, he was then transferred to Skopje airport where he was severely beaten, stripped naked and anally penetrated with an object. He was then flown to Afghanistan where he was detained in a secret CIA “black site” known as the “Salt Pit” for over four months, during which time he was severely and repeatedly beaten. On 28 May 2004, he was flown to Albania, where he was left by the side of a road.67 33. In formally acknowledging the right to truth, the Court underlined “the great importance of the present case not only for the applicant and his family, but also for other victims of similar crimes and the general public who had the right to know what had happened”.68 It went on: The issue of “extraordinary rendition” attracted worldwide attention and triggered inquiries by many international and intergovernmental organisations, including the United Nations human rights bodies, the Council of Europe and the European Parliament. The latter revealed that some of the States concerned were not interested in seeing the truth come out. 34. The Court observed that, where allegations were made that were as grave as those in the El-Masri case, an effective investigation “may generally be regarded as essential in maintaining public confidence in [the authorities‟] adherence to the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts”. The investigation conducted by the authorities of the former Yugoslav Republic of Macedonia was found to have been insufficient to lead to “the identification and punishment of those responsible”, thereby violating the former Yugoslav Republic of Macedonia's obligations under the Convention69. 5. The principle against impunity in international human rights law 35. The Human Rights Council has repeatedly recognized that the right to truth and the principle of accountability are inextricably bound up with the expressed commitment of the 63 64 65 66 67 68 69 El-Masri, op. cit., footnote 26, para. 192. Ibid., para. 191. Ibid. Ibid., paras 16–36. Ibid., paras. 154–167. Ibid., para. 191. Ibid., paras. 192–193. 13