A/HRC/31/66 competent authority having the power to enforce remedies.62 The right to remedy includes the right to equal and effective access to justice; adequate, effective and prompt reparation for harm suffered; and access to relevant information concerning violations and reparation mechanisms. 90. States must investigate any allegations of violations in the context of assemblies promptly and effectively through bodies that are independent and impartial. In addition, the procedural component of the right to life requires States to investigate any alleged unlawful or arbitrary killing. The failure of a State to properly investigate suspected unlawful or arbitrary killing is a violation of the right to life itself (A/70/304). Likewise, lack of accountability for violations of the rights to bodily integrity may itself constitute a violation of those rights.63 Effective investigation includes the following factors: an official investigation initiated by the State; independence from those implicated; capability of determining whether the act was justified in the circumstances; a level of promptness and reasonable expedition; and a level of public scrutiny. 64 91. Where appropriate, criminal and/or civil sanctions must be applied. Liability should extend to officers with command control where they have failed to exercise effective command and control. Where superior officers knew, or should have known, that law enforcement officials under their command resorted to the unlawful use of force or firearms, and they did not take all measures in their power to prevent, suppress or report such use, they should also be held responsible. 65 92. The appropriate use of body-worn cameras by law enforcement personnel in the context of assemblies could assist the work of internal investigations or civilian oversight mechanisms. Such technology is in its infancy, and delicate balancing of potential intrusions into privacy should be considered, but at this stage there seems to be potential to promote accountability, where adequate safeguards are in place. 93. Prosecutors should carry out their functions impartially and without discrimination, and should give due attention to prosecuting crimes committed by public officials. 66 When law enforcement officials are prosecuted, the judiciary shall decide matters impartially, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect.67 Defendants should be brought before an ordinary court or tribunal, and shall be availed of the fair trial protections guaranteed under international law. 94. In addition to guaranteeing accountability through judicial processes, States should implement additional levels of non-judicial oversight, including an effective internal investigations process and an independent oversight body. These systems should operate in addition to, and not as an alternative to, criminal, public and private legal remedies for police misconduct.68 The role of a dedicated civilian oversight body may be complemented by the work of the national human rights institution or ombudsman. 62 63 64 65 66 67 68 See Human Rights Committee, general comment No. 31, para. 15. See also 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. McCann and Others v. United Kingdom. European Court of Human Rights, Isayeva v. Russia, application No. 57950/00, 24 February 2005. See also A/HRC/26/36, para. 80. Principle 24 of the Basic Principles. Guidelines 13 (a) and 15 of the Guidelines on the Role of Prosecutors. Principle 2 of the Basic Principles on the Independence of the Judiciary. Council of Europe, Commissioner for Human Rights, “Opinion of the Commissioner for Human Rights concerning independent and effective determination of complaints against the police” (12 March 2009), para. 25. 21