A/HRC/8/3
page 11
commission.23 He reported that the commission was urgently in need of (a) basic human rights
materials; (b) logistical support (vehicles and transport); and (c) stationery and office
machinery.24 He noted that strengthening United Nations support to the commission could
“minimize its logistical problems and enhance its efficiency”.25
(d)
Lack of expertise
32. A commission needs the appropriate expertise to carry out the mandated investigations.
For instance, in his mission report on Indonesia and East Timor, Special Rapporteur
Bacre Waly Ndiaye observed that “[n]one of the members of the [commission] had the necessary
technical expertise to correct the shortcomings found in the investigations carried out by the
police”.26 Similarly, in his report on Uganda, Rapporteur Wako noted that the commission
“needed expert advice on several aspects of its work, particularly in regard to the definition of
offences against human rights”.27
(e)
Lack of independence
33. Where a commission is not independent from the parties to a conflict or from any
institution or person with an interest in the outcome of the inquiry, its inquiry is unlikely to be
capable of providing an unbiased assessment of the incident. Just as importantly, where the
commission is not perceived to be independent, its work will lack credibility and its conclusions
are unlikely to be trusted. Independence has often been a central concern of assessments of
commissions made by special rapporteurs. It has three important aspects.
34. First, independence must be structurally guaranteed so that the commission is set up as a
separate institution from the Government. This formal independence can often be assessed by
examining the terms of the mandate before the commission begins its work, or through an
examination of the early investigatory practices of the commission. For instance, a major
Sri Lankan commission, established in November 2006, the progress of which I have followed
closely,28 has been criticized for its failure to secure formal independence. The commission was
appointed by the President of Sri Lanka to, inter alia, investigate incidents of human rights
abuses committed since August 2005, to report on the prior investigations into the abuses and to
23
E/CN.4/1987/20, paras. 62-65, and 226-234.
24
E/CN.4/1987/20, para. 8. He stated that “[N]o progress whatsoever could be achieved unless
certain clearly essential requirements were met. For example, the investigative functions of the
Commission of Inquiry were paralysed without transport and office supplies, including
photographic equipment.” (para. 13).
25
Ibid., para. 16.
26
E/CN.4/1995/61/Add.1, para. 54.
27
E/CN.4/1987/20, para. 12.
28
E/CN.4/2006/53/Add.5.
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