A/HRC/19/61
C.
Added value
27.
When used by States, a commission of inquiry can serve as a valuable tool in
addressing the State’s duty under international human rights law to investigate and hold an
independent inquiry into torture, deaths (for example, in the case of extrajudicial
executions) and other atrocities (A/HRC/8/3, para. 12).
28.
Although commissions of inquiry can vary in their origin and mandate, there are
three characteristics that make them an effective and unique tool: they are generally ad hoc,
autonomous and independent, as well as being victim-centred, therefore allowing greater
and active participation of victims in the process of establishing facts and identifying the
priority elements that comprise reparations.
29.
For some victims and others, the importance of public truth-telling is not only that it
reveals new information, but also provides a forum that officially acknowledges facts
already known. Scholars in the field of transitional justice have emphasized that the
importance of official acknowledgement of the facts is proportional to the extent to which
the facts were previously hidden or disputed; the more facts are hidden or disputed, the
greater the importance and significance of a correct and more complete official statement of
the historical record.
30.
Commissions of inquiry may satisfy some of the needs of victims for adequate
healing and remedy by providing them with a public venue to tell their stories. In this
context, commissions of inquiry may also aid in providing closure for family members of
victims. Generally speaking, commissions of inquiry also deliver their findings in a timely
manner, enhancing the victim-centred approach of this mechanism, especially when
compared with judicial proceedings that ordinarily take much longer.
31.
Commissions of inquiry may be established in the aftermath of major incidents
where there are concerns about the ability of investigative bodies to uncover promptly,
thoroughly and impartially the root causes of certain large-scale or politically motivated
crimes or systemic violations. In these situations. As pointed out by a previous mandate
holder, State authorities that would normally be relied upon to investigate and prosecute are
reluctant or unlikely to do so adequately. 7
32.
The independent structure and mandate of commissions of inquiry may also make
them well suited for identifying institutional responsibility and proposing reforms. Due to
the numerous sources of evidence and facts submitted to commissions of inquiry, they are
often able to pinpoint the failure of particular policies and detect systemic shortcomings or
practices of certain Government agencies. Lastly, commissions of inquiry can aid in
identifying measures to promote reconciliation within divided societies by directly
confronting past violations.
33.
Commissions of inquiry are particularly useful where there is a lack of public
information about a specific event or issue, such as when, for reasons of national security or
intelligence, certain information is secret or classified. Under these circumstances, in order
to respect the principles of constructive and meaningful participation of victims in
establishing the facts, truth-seeking and holding perpetrators accountable, it is essential to
ensure that a victim’s right to effective investigation and redress is secured. In this respect,
commissions of inquiry can help to maximize the disclosure of relevant information into the
public domain. Where information is received in camera, a commission of inquiry may
submit an excerpt or summary of that information to the appropriate judicial authority to
ensure that a State’s assertion that certain information is privileged is subject to the highest
level of scrutiny.
7
A/HRC/8/3, para.12.
9
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