A/HRC/8/3
page 15
acknowledge or reply to the commission’s correspondence.52 A similar problem was experienced
with the Sri Lankan commission, in which State authorities refused to fully cooperate with
investigations.53
(h)
Failure to make public, respond to or follow up on commission findings
42. One of the most common problems encountered with a commission of inquiry is that, even
where it has carried out its work effectively and submitted a timely report to the Government, the
findings of the commission are simply never made public.54 This has, for example, been the
trend in Nigeria.55 In a report on my visit to that country, I noted that there was a consistent
pattern: violations are alleged; a commission is established; the reports are never published or are
ignored.56 After my visit, I reported that the “Apo 6” inquiry, set up to investigate killings by
police, appeared to be exemplary. At the time of reporting in 2005, it was only slightly delayed,
and I called for it to be made public immediately.57 Unfortunately, nearly three years later, it has
reportedly still yet to be made officially public.
43. Crucially, when a commission report is not made public, Government failure to officially
respond to the report or to follow up on the commission’s recommendations usually follows.
Lack of Government follow-up to completed commission reports has been a notable feature of
cases observed by the Special Rapporteur.58 During my mission to Nigeria, for example,
although a commission recommended in 2004 that compensation be paid to the victims of
violence, at the time of my visit in mid-2005, none had been paid.59
52
E/CN.4/2006/53/Add.4, para. 67.
53
The IIGEP noted that, “In fact, state officials have refused to render the required answers to
relevant questions”: International Independent Group of Eminent Persons, Public Statement
of 19 December 2007.
54
E/CN.4/2003/3/Add.1, para. 573; E/CN.4/1995/61, para. 402; E/CN.4/1995/61, para. 65;
E/CN.4/1991/36, para. 26 (c).
55
E/CN.4/2006/53/Add.4, para. 62.
56
Ibid., para. 64.
57
Ibid., para. 103.
58
E/CN.4/1997/62/Add.1, para. 64; A/51/457, para. 124; E/CN.4/1996/4/Add.1, para. 41;
E/CN.4/1994/7, para. 202; E/CN.4/1994/7/Add.2, para. 46; E/CN.4/1995/61, para. 402;
E/CN.4/1984/29, para. 114; E/CN.4/1991/36, para. 437.
59
E/CN.4/2006/53/Add.4, para. 66.
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