A/HRC/19/61
limited to, torture, genocide, extrajudicial killings, disappearances and incidents involving
multiple or high-profile killings (A/HRC/8/3, para. 12). Most commissions of inquiry are
established at the initiative of national Government authorities. International experts may
be part of their composition. In the present report, commissions of inquiry are defined as
national commissions of inquiry and truth commissions, as well as investigations
undertaken by national human rights institutions. The quest for accountability and victims’
rights are common denominators for commissions of inquiry and truth commissions. While
a commission of inquiry is likely to be established at the height of violence, a truth
commission may only be established once a conflict is over. Both national and international
commissions of inquiry often result from concerted demands by civil society or the
international community. International commissions of inquiry tend, however, to have
comparatively briefer temporal mandates which seek to identify patterns of violations
during a protracted period of armed conflict.
20.
Generally speaking, the scope of a commission’s investigation is limited temporally
and/or geographically, and is often restricted to the investigation of a particular event or
series of events. In an effort by the State to prevent future violations or to strengthen the
criminal justice system, a commission of inquiry may also be given a broader mandate to
report on the causes of the violation and to propose recommendations for institutional
reform2 and recommend reparations to victims.
21.
Today, commissions of inquiry have taken on a central role in the effort to address
patterns and practices of torture and other cruel, inhuman or degrading treatment or
punishment around the world.
22.
The Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) provides
comprehensive guidance on the relevant international legal standards and ethical
obligations for investigative procedures, interviews and collection of both physical and
psychological evidence of torture, including a section on commissions of inquiry into
torture and other forms of ill-treatment. In addition, the updated set of principles for the
protection and promotion of human rights through action to combat impunity 3 contains
eight principles specific to commissions of inquiry. However, the circumstances under
which commissions of inquiry are appropriate, and the ways in which they may provide
unique benefits, remain little discussed.
23.
The purpose of the present report is to deepen the international community’s
dialogue on commissions of inquiry and to offer guidance on when such commissions
should be created by States in response to patterns or practices of torture and other forms of
ill-treatment. When used correctly, a commission of inquiry may be a powerful tool in
uncovering and bringing an end to patterns of violations; taking first steps in addressing
victims’ right to know the truth and identifying reparation measures in consultation with
victims; ensuring accountability of State institutions and compliance with international
human rights law; and promoting democratic, citizen-driven participation in human rights
monitoring. Additionally, commissions of inquiry can play an integral role in facilitating
the formal investigation of current systems or legacies of torture and other forms of illtreatment, and pave the way to effective and fair prosecutions. A wealth of experience has
been acquired from commissions of inquiry established within national jurisdictions as well
as by the international community in situations in which the discovery and disclosure of the
truth is deemed essential to the preservation or restoration of peace and security of nations.
Lessons can be drawn from these experiences on what factors lead to successful or
unsuccessful commissions of inquiry.
2
3
A/HRC/8/3, para. 18.
E.CN.4/2005/102/Add.1.
7
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