A/HRC/18/25 4. Furthermore, the right to an effective remedy as established by article 2, paragraph 3, of the Covenant has been interpreted to include the obligation to investigate.5 The Human Rights Committee noted with regard to article 2, paragraph 3, that “administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through impartial bodies. A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant.”6 5. In its jurisprudence, the Human Rights Committee has repeatedly evoked the obligation of States parties to the Covenant to investigate violations of human rights. In particular, they must investigate violations recognized as criminal and bring to justice those who are responsible.7 It has stated that this obligation arises notably in respect of violations recognized as criminal under either domestic or international law, such as torture and similar cruel, inhuman and degrading treatment (art. 7),8 summary and arbitrary killing (art. 6) and enforced disappearances (arts. 7 and 9, and frequently, art. 6).9 In this regard, failure to properly investigate alleged human rights violations has led the Human Rights Committee to find violations of articles 6,10 7,11 and 9,12 read in conjunction with article 2, paragraph 3, of the Covenant. 6. The obligation to investigate is also provided for in other international human rights instruments. According to article 3 of the International Convention for the Protection of All Persons from Enforced Disappearance, States parties shall take appropriate measures to investigate acts constituting enforced disappearance, and bring those responsible to justice.13 The Convention contains detailed provisions pertaining to the exercise of this obligation. For example, article 12 requires States parties to promptly and impartially examine and, where necessary, undertake a thorough and impartial investigation of any complaint or allegation of enforced disappearance where a formal complaint has been made or where there are reasonable grounds for believing that a person has been subjected to 5 6 7 8 9 10 11 12 13 4 Other international human rights conventions also provide for the right to an effective remedy; see Universal Declaration of Human Rights, art. 8; International Convention on the Elimination of All Forms of Racial Discrimination, art. 6. Human Rights Committee, general comment No. 31, para. 15; see also para. 8. See, for example, Abubakar Amirov v. Russian Federation, comm. No. 1447/2005, views adopted on 2 April 2009, para. 11.2; Orly Marcellana and Daniel Gumanoy v. The Philippines, comm. No. 1560/2007, views adopted on 30 October 2008, para. 7.2; Vadivel Sathasivam and Parathesi Saraswathi v. Sri Lanka, comm. No. 1436/2005, views adopted on 8 July 2008, para. 6.4. See also Human Rights Committee, general comment No. 20, para. 14, which clear states that complaints of maltreatment prohibited by article 7 must be investigated promptly and impartially by competent authorities so as to make the remedy effective. Human Rights Committee, general comment No. 31, para. 18. See Abubakar Amirov v. Russian Federation, para. 11.2; Anarbai Umetaliev and Anarkan Tashtanbekova v. Kyrgystan, comm. No. 1275/2004, views adopted on 30 October 2008, para. 9.2; Orly Marcellana and Daniel Gumanoy v. The Philippines, paras. 7.2, 8; Vadivel Sathasivam and Parathesi Saraswathi v. Sri Lanka, para. 6.4; also general comment No. 6, para. 4. See Dalkadura Arachchige Nimal Silva Gunaratna v. Sri Lanka, comm. No. 1432/2005, views adopted on 17 March 2009, paras. 8.2-8.3, 9; Abubakar Amirov v. Russian Federation, paras. 11.611.7; Mariam Sankara v. Burkino Faso, comm. No. 1159/2003, views adopted on 28 March 2006, para. 12.2. See Dalkadura Arachchige Nimal Silva Gunaratna v. Sri Lanka, para. 8.4. See also art. 11, which incorporates the general principle of aut dedere aut judicare (to extradite or prosecute), and art. 24, which provides for the victim’s right to know, and places an obligation on State parties to take appropriate measures in this regard; Declaration on the Protection of All Persons from Enforced Disappearance, General assembly resolution 47/133, arts. 3, 9, 13; E/CN.4/1996/38.