A/HRC/8/3 page 8 the present analysis: (a) discusses the positive role that commissions of inquiry can play; (b) outlines the established guiding principles for a national commission of inquiry; (c) examines the principal problems that have been encountered in this regard in the work of the Special Rapporteur; and (d) proposes conclusions and recommendations based on lessons learned. 2. Positive role of commissions of inquiry in addressing impunity 22. In principle, commissions of inquiry can play an important role in combating impunity. First, the commission may be tasked with carrying out of some of the functions normally performed by criminal justice institutions. A commission will often be established to provide an independent investigation where the criminal justice institutions are seen to be biased or incompetent. This is often the case where key government agents, such as the police or military, are themselves involved in abuses and where there is no reliable system of police or military oversight.13 It is also the case where there is long history of repeated abuses that police fail to investigate, public prosecutors fail to prosecute, or courts fail to punish due to incompetence, bias, or lack of expertise.14 A commission may also be seen as desirable where one incident is particularly complex and significant, requiring sustained and focused investigation in order to be understood.15 In such cases, a commission can help to explain or analyse a complex situation, and thus perform important functions normally beyond the scope of police investigations or judicial procedures. 23. Second, a commission can provide informed advice to the Government on the institutional reforms necessary to prevent similar incidents from occurring in the future. It can perform an essential function that is generally unsuitable to police, prosecutors or courts, and explain the underlying causes for serious human rights abuses or the causes of impunity for those abuses. In addressing the causes of the abuses, a commission can be the first step in a Government’s effort to take measures to prevent the recurrence of violations and to ensure that its institutions, policies, and practices ensure the right to life as effectively as possible.16 Importantly, where it appears that the regular institutions are incapable of combating impunity, a commission can propose structural or long-term reforms to address criminal justice institutional deficiencies. When used in this way, and when the commission’s recommendations are followed up by the Government, a commission can be an effective way for the State to reform its criminal justice institutions so that it will meet its obligation to investigate, prosecute and punish violations of human rights in the future.17 13 E/CN.4/2001/9/Add.2, para. 60; and E/CN.4/1990/22, para. 11. 14 E/CN.4/1994/7, para. 148; E/CN.4/1990/22, para. 378; E/CN.4/1991/36, para. 448; E/CN.4/1994/7/Add.2, para. 108. 15 E/CN.4/1993/46, para. 139; and E/CN.4/1994/7, para. 695. 16 E/CN.4/2006/53, para. 41. 17 E/CN.4/2006/53, para. 41; E/CN.4/1986/21, paras. 80-81.