A/HRC/8/3
page 9
3. Guiding principles for a national commission of inquiry
24. The basic question that must guide an assessment of a commission is whether it can, in
fact, address impunity. In Special Rapporteur Wako’s first report in 1983 for the extrajudicial
executions mandate, he recommended that “[m]inimum standards of investigation need to be laid
down to show whether a Government has genuinely investigated a case reported to it and that
those responsible are fully accountable”.18 Since then, and due in part to the work of successive
Special Rapporteurs, the general standards which govern how a commission of inquiry should be
conducted are now clear and well established.19 I will not detail in full those standards again
here, except to highlight the following.
25. In order for a commission to address impunity, it must be independent, impartial and
competent. The commission’s mandate should give the necessary power to the commission to
obtain all information necessary to the inquiry but it should not suggest a predetermined
outcome. Commission members must have the requisite expertise and competence to effectively
investigate the matter and be independent from suspected perpetrators and from institutions with
an interest in the outcome of the inquiry. Commissions should be provided transparent funding
and sufficient resources to carry out their mandate. Effective protection from intimidation and
violence needs to be provided to witnesses and commission members. When it establishes the
commission, the Government should undertake to give due consideration to the commission’s
recommendations; when the report is completed, the Government should reply publicly to the
commission’s report or indicate what it intends to do in response to the report. The commission’s
report should be made public in full and disseminated widely.
26. As the examination below of the problems encountered in relation to commissions
indicates, these standards are more than just desirable best practice. Experience shows that
conformity with them is essential if a commission is to be effective.
18
E/CN.4/1983/16, para. 230.4. See also E/CN.4/1985/17, paras. 59-60; E/CN.4/1988/22,
para. 189.
19
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions, E/1989/89 (1989), especially Principle 11; Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, General Assembly resolution 55/89, Annex, especially Principle 5; Updated Set
of principles for the protection and promotion of human rights through action to combat
impunity, Report of the independent expert to update the Set of principles to combat impunity,
Diane Orentlicher, E/CN.4/2005/102/Add.1 (8 February 2005), especially Principles 6-13;
United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary
and Summary Executions, Model Protocol for a Legal Investigation of Extra-Legal Arbitrary and
Summary Executions (“Minnesota Protocol”), E/ST/CSDHA/12 (1991); Report of the SecretaryGeneral, E/CN.4/2006/89 (15 February 2006), para. 2.
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