A/HRC/19/61
standards should be understood to be indicative and not fully binding as a matter of
international law. Nevertheless, it is important to discuss standards as a way to determine
when and how commissions of inquiry actually advance principles of international law and
aid States, and the international community, in the fulfilment of their international legal
obligations.
A.
Resources
58. A commission of inquiry should be given the means to conduct a serious and
rigorous examination of facts, most of which will be hidden or difficult to ascertain. For
that reason, it is imperative that a commission have at its disposal the financial resources to
travel, to provide for witness protection, to commission reports from experts and to finance
forensic investigations and examinations. A commission should be able to hire staff of
confidence and with proven professional expertise, including legal counsel, who should be
shielded from political influence. Technical expertise and investigatory experience should
be part of the recruitment process.
B.
International vs. national commissions of inquiry
59. Where possible, national commissions of inquiry ought to be pursued before the
establishment of an international commission of inquiry. Proximity to the affected
population often adds to the legitimacy and potential impact of a commission of inquiry.
States should, however, seek international assistance where they lack necessary resources
and/or expertise. The international community has a duty to establish a commission of
inquiry, using the various mechanisms available, when the State fails to break the cycle of
impunity or is unwilling or unable to explore the truth and provide justice or where human
rights violations threaten international peace and security. In addition, international
commissions of inquiry can play a valuable role in promoting subsequent national
investigations.
C.
Composition
60. The people selected to be members of a commission of inquiry should be chosen on
the basis of criteria designed to ensure the independence and impartiality of the body. 42 The
commissioners should enjoy a stature and recognition within the local community that will
inspire confidence in the public. Importantly, commissioners should be persons of such
high moral character and professional achievement that victims and witnesses should feel
that they can approach the commission and participate in its proceedings without fear that
their testimonies might be misused.
61. There are various models of what to look for in the profile of members of a
commission of inquiry, and each model is valid within the particular circumstances and
legal culture of each State. For example, States may wish to ensure representation of the
entire political or ideological spectrum, while others may not. In all circumstances,
however, it is necessary for States to appoint commission members who will rise above
partisanship and be first and foremost dedicated to the truth. It is important to include
individuals with experience in fact-finding methodologies and assessment of the quality of
42
16
The Istanbul Protocol recommends that no member of a commission of inquiry should be associated
with an agency suspected of having practiced torture or with any individual, political party or State
agency potentially implicated (para. 109). It also suggests that commissions of inquiry should be
composed of at least three members.
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