A/HRC/28/68/Add.4 52. There is a Human Rights Unit within the police, which, if its members were well trained, could be a good first step towards establishing more consistent procedures. It would not, however, govern complaints addressed to the National Intelligence Agency, the National Drug Enforcement Agency, the security forces or the Prisons Service. Role of the judiciary and prosecutors 53. The Prosecutor’s Office and the judiciary must ensure that the progress of a criminal case, from the investigation stage to detention, interrogation, arrest, prosecution and conviction, as well as the conditions of detention, complies with the rule of law. 54. The independence and impartiality of the judiciary is essential to the fulfilment of the most important obligations under international law regarding torture and cruel, inhuman or degrading treatment or punishment, including the ability of the judiciary to make ex officio inquiries, order an investigation into allegations of torture or coercion and ensure that safeguards are upheld. Judges have a dual obligation of prevention and accountability. 55. However, in practice, the Magistrates’ Court and the superior courts, namely, the High Court, the Court of Appeal and the Supreme Court, appear to have a passive role of simply processing cases rather than examining how evidence has been obtained. Failure to scrutinize evidence-gathering results in unfair trials and in impunity for torturers. 56. Section 37 of the Constitution provides for the enforcement of the fundamental human rights provisions set out in its chapter IV, which include the prohibition of torture, and the High Court can hear and adjudicate applications and may make such orders, issue such writs and give such directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the fundamental rights provisions, including granting redress. 57. The Judicial Officers Bill on Remuneration, Allowances and Other Benefits is under consideration with a view to enhancing judiciary services regarding tenure and efficiency. The Special Rapporteur doubts that it will go far enough to address the lack of judicial activism and independence resulting from executive interference, which undermines the courts’ role of ensuring accountability. 58. Judges and prosecutors should operate under a legal obligation to order medical examinations by forensic doctors who are properly trained in accordance with the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) as soon as any suspicion of mistreatment arises and to initiate prosecutions against whoever might be responsible for mistreating an inmate, including the superior officers who might have ordered, tolerated or condoned that mistreatment. Lack of effective investigation of allegations of torture 59. The Special Rapporteur inquired into investigations undertaken by courts or internal affairs units of law enforcement or security forces regarding allegations of torture or illtreatment, and their results. Only one case had been reported to the Human Rights Unit, which concluded that the injuries suffered by the complainant had been caused by his resisting arrest. Investigations are rarely conducted, and few if any officials are ever prosecuted. 60. The Office of the Ombudsman, created in 1999, has heard only two cases of torture in 15 years and in both it found against the complainant. The Special Rapporteur was informed of a judicial decision in a case in which two policemen were charged with the murder of a person who died while in their custody. The Court found that, although the force applied on the victim had been proven, the specific intent required for murder was not 11