Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition 1.3.9. Prompt investigation According to article 12 of the Convention, each State party must establish prompt and impartial investigations whenever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. This means that, even in the absence of a formal complaint, the relevant authorities must undertake an impartial, effective, independent and thorough investigation as soon as they receive information indicating any instance of torture or ill-treatment. Article 12 includes an obligation for states to promptly and thoroughly investigate acts of sexual and gender-based violence by public and private actors.46 1.3.10. Right of victims to complain and obtain redress The Convention provides that victims of torture have the right to complain and to have their case investigated promptly and impartially (article 13), as well as to receive full and effective redress and reparation (article 14). This includes compensation and the means for as full rehabilitation as possible. States should also take positive measures to ensure that complaints mechanisms and investigations “take into account gender aspects in order to ensure that victims of abuses such as sexual violence and abuse, rape, marital rape, domestic violence, female genital mutilation and trafficking are able to come forward and seek and obtain redress”.47 This means applying gender-sensitive procedures in judicial and non-judicial proceedings in order to avoid re-victimising and stigmatising people. Reparations should be based on a full understanding of the gendered nature of harm suffered and restitution should address any structural causes of the violation, including discrimination on gender or any other grounds. 1.3.11. Inadmissible evidence According to article 15 of the Convention, any evidence gathered as a result of torture must be deemed inadmissible in official proceedings. This provision is extremely important because, by making such statements inadmissible in court proceedings, one of the primary aims of torture becomes redundant. 1.3.12. Optional Protocol to the Convention against Torture The Convention against Torture is complemented by an Optional Protocol, which was adopted in 2002 and entered into force in 2006. The Optional Protocol does not establish new normative standards. Instead, it reinforces the specific obligations for prevention of torture in articles 2 and 16 of the Convention by establishing a system of regular visits to places of detention by international and national bodies (see more in chapter 10). 1.4. Other treaties A number of other international human rights treaties contain similar prohibitions of torture and other ill-treatment. The Convention on the Rights of the Child contains a specific provision in relation to torture and ill-treatment of children (article 37), as does the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (article 10), the Convention on the Rights of Persons with Disabilities (article 15), and the International Convention for the Protection of All Persons from Enforced Disappearances (articles 12 and 18). Although there is no specific provision on torture included in the Convention on the Elimination of All Forms of Discrimination against Women, the relevant United Nations treaty body has reaffirmed the 32 46 Committee against Torture’s recommendation in its concluding observations on Bangladesh (2019 (CAT/C/BGD/CO/1) para 39 (a); Committee’s concluding observations on Poland (2019) concerning forced sterilisation (CAT/C/POL/CO/7) p.7 ; and concluding observations on Madagascar (2011) concerning human trafficking (CAT/C/MDG/CO/1) para 12. 47 See Committee against Torture, general comment No. 3 on the Implementation of Art. 14 by States Parties (2012), para. 33