A/HRC/19/61 E. Commissions of inquiry do not relieve States of their legal obligations 47. Although a commission of inquiry may aid States in the fulfilment of their international legal obligations with regard to torture and other forms of ill-treatment, establishing a commission of inquiry does not diminish such legal obligations. The international legal framework must therefore be considered at all stages of the development and implementation of commissions of inquiry into torture and other forms of ill-treatment. International law recognizes wide ranging obligations on States and corresponding rights of victims of torture and other forms of ill-treatment. The International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and constitutive documents of the regional human rights systems26 identify six interrelated obligations of States. Generally, these obligations are (a) the duty to protect from ill-treatment by public and private actors; (b) the duty to investigate; (c) the duty to enact and enforce legislation criminalizing torture; (d) the duty to exclude statements obtained by torture and other forms of ill-treatment from evidence against the accused in a criminal trial; (e) the duty to train personnel and provide procedural safeguards; and (f) the duty to grant redress and reparation for victims. An effective commission of inquiry will assist a State in meeting each of these obligations, which all remain in effect regardless of the breadth of the mandate or terms of reference of the commission. 48. The affirmative obligation of States to investigate gross violations of human rights law and serious violations of international humanitarian law 27 is inextricably linked to the obligation to prosecute, and also to the right to truth. 28 In its jurisprudence, the Human Rights Committee regularly invokes the obligation of States parties to the International Covenant on Civil and Political Rights to investigate and punish human rights violations. 29 In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the General Assembly asserted that the obligation to implement international human rights law and international humanitarian law includes the duty to investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, to take action against those allegedly responsible in accordance with domestic and international law. Moreover, States have the duty to investigate and, if there is sufficient evidence, the duty to submit to prosecution the person allegedly responsible for the violations and, if found guilty, the duty to punish him or her. 30 49. Article 12 of the Convention against Torture expressly obligates States parties to investigate all allegations of torture, asserting that each State party should ensure that its competent authorities proceed to a prompt and impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed in any territory 26 27 28 29 30 The European Convention for the Protection of Human Rights and Fundamental Freedoms asserts that States have an obligation to investigate both in the context of giving effect to the rights and freedoms contained within the convention and where effective remedy entails an effective investigation. The African Charter on Human and Peoples’ Rights establishes the obligation of States to give effect to the rights, duties, and freedoms enshrined in the Charter, which requires investigation of allegations of human rights violations. The American Convention on Human Rights asserts that the full enjoyment of rights and freedoms recognized by the Convention creates a positive duty on States to investigate violations. See A/HRC/18/25. See E/CN.4/2006/9. Abubakar Amirov v. Russian Federation, communication No. 1447/2005, views adopted on 2 April 2009, para. 11.2; Orly Marcellana and Daniel Gumanoy v. The Philippines, Communication No. 1560/2007, views adopted on 30 October 2008, para. 7.2. General Assembly resolution 60/147, annex, paras. 3 (b) and 4. 13