A/HRC/19/61
V. Conclusions
78. Commissions of inquiry into torture and other forms of ill-treatment are strong
and flexible mechanisms that can yield substantial benefits for Governments, victim
communities and the wider public. Unlike other mechanisms commonly engaged in
the aftermath of allegations of torture and other forms of ill-treatment, such as
criminal investigations and prosecutions, commissions of inquiry provide unique
opportunities for a deeper understanding of the underlying context in which violations
were committed, review of governmental policies, practices and institutional
shortcomings, truth-telling and contributing to the healing of victim communities, and
independent expert recommendations on reparation and guarantees of non-repetition.
Commissions of inquiry can also play an integral role in providing impetus and
eventually facilitating the formal investigation of current systems or legacies of torture
and other forms of ill-treatment, and pave the way to effective and fair prosecutions.
In these ways, commissions of inquiry may aid States in the fulfilment of their
international legal obligations when allegations of torture and other forms of illtreatment arise. However, in the absence of judicial mechanisms, a commission of
inquiry alone will not satisfy a State’s obligations.
79. For States interested in establishing a commission of inquiry, the Istanbul
Protocol and the updated set of principles for the protection and promotion of human
rights through action to combat impunity52 provide key guidance for the elaboration
and implementation of international practice. The present report complements these
highly regarded documents and previous work of the special procedures by
identifying additional recommendations and best practices that are specific to the
conduct of commissions of inquiry into torture and other forms of ill-treatment.
52
E.CN.4/2005/102/Add.1.
21
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