Part II: Preventing torture: NHRIs in action
Evidence will also be provided by those with particular experience or expertise through oral or written
submissions or public hearings. Part of the NHRI’s work will be to identify those who can provide
evidence – often from many different sectors of society - and encourage them to do so.
Some important ways an inquiry into torture and ill-treatment can gather information and evidence are:
Individual complaints
All relevant complaints received through the public inquiry should be compiled and assessed to
identify systemic factors that contribute to torture and ill-treatment in places of detention.
Visits to places of detention
Given that the risk of torture and ill-treatment is highest for persons deprived of their liberty, the public
inquiry will need to include thorough inspections of different places of detention.
Interviews with persons deprived of liberty
Depending on its scope, a central part of the public inquiry will involve interviews with persons
deprived of their liberty. Focus group discussions should be conducted with detainees. However, it is
crucial that the NHRI also conducts interviews in private with a large and representative selection of
detainees.
The NHRI should aim to collect disaggregated data which allows analysis of the experiences of
women, men, girls and boys, as well as people who do not feel represented by binary sex/gender
categories. An excellent information management system will be needed to manage the large amounts
of information gathered during the course of an inquiry.
Public hearings
Public hearings are a distinguishing element of public inquiries and key to them achieving their objectives.
Public hearings should invite the participation of a broad range of individuals and organizations,
including victims of torture or their relatives, human rights NGOs, lawyers, police officers, staff and
officials from relevant detention centres and representatives from government agencies. NHRIs will
need to carefully plan the structure of hearings identifying who needs to be heard and when, as well
as the individual situation of each witness.
Preparation and release of a report and recommendations
The final report with recommendations is an important outcome for the public inquiry, although it
may not necessarily be the only one. It is important to consider the structure of the report in the early
stages of the inquiry, as this may influence the methodology of the inquiry process. Preparing a report
and recommendations is time-consuming and this should not be underestimated in the planning
stages of the inquiry.
An effective, successful report will consider the following elements.
• Style and language: The report should be accessible to the main target audiences. Sentences
should be short and concise, avoiding superlatives and stereotypes. The report should use
gender inclusive language.
• Content: All the issues outlined in the terms of reference should be addressed in the report.
Findings and conclusions should be firmly based on the evidence received. The report should
not only describe facts but also contain an analysis of the issues, the legal framework and
any identified shortcomings. Recommendations should be realistic and comprehensive,
addressing the principle issues identified in the inquiry. They should address the authorities
and other bodies with a role in providing redress and preventing torture and other ill-treatment
in the future. They should be relatively easy to translate into policies, laws or other required
action. The report should robustly integrate gender considerations throughout130.
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