Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition This approach allows NHRIs to go beyond the investigation of individual complaints. By gathering information and evidence from a variety of sources, a NHRI can identify the underlying factors that contribute to the violation of human rights and propose recommendations for positive change. Because the inquiry process is public, it can also help raise community awareness of the issue and build understanding and support for recommendations made by the NHRI. Given that public inquiries are complex and resource intensive mechanisms, they should only be undertaken following careful consideration of the possible advantages, disadvantages and other relevant factors. 1. Advantages and disadvantages of a public inquiry on torture 1.1. Advantages A public inquiry is a comprehensive process that allows NHRIs to perform several functions at the same time. Handle a large number of complaints A public inquiry on torture and ill-treatment enables the NHRI to deal in a streamlined and cost-effective way with a large number of individual cases. The proactive nature of the inquiry might also mean that the NHRI receives complaints from individuals who, for various reasons, may not otherwise have made a formal complaint (such as lack of knowledge or lack of ability to address a petition). This is especially true for vulnerable groups, such as young people, migrants or foreign detainees. Investigate systemic causes of torture In many cases torture and ill-treatment occur because of inadequate systems that allow or overlook such acts, rather than the misbehaviour of isolated individuals. A public inquiry helps the NHRI to expose patterns of violations and identify the underlying factors that contribute to torture and illtreatment and offering recommendations to address systemic problems. Analyse national laws and policies A public inquiry provides an opportunity for the NHRI to analyse existing national laws and regulations and assess whether or not they meet the State’s obligations under relevant international human rights treaties. In addition, the inquiry might review and assess the policies and programmes that operate in places of detention and propose recommendations for change. Educate and raise awareness A public inquiry can be a powerful education tool to raise awareness among the general public, as well as persons deprived of liberty, decision makers and professional groups, about the absolute prohibition of torture. It can also build greater understanding and appreciation of problems that are not necessarily understood as human rights issues, including the treatment of persons in detention or gender-based forms of torture and ill-treatment. Develop effective recommendations The recommendations from a public inquiry, which draw on evidence, analysis and research, will be credible and provide clear and practical steps to address the systemic issues that contribute to torture and ill-treatment, whether in places of detention, other institutions or the community. In addition, media coverage and public engagement in the process can generate political pressure for change. If there is a high level of public and media scrutiny when the report is released, the Government will be obliged to respond, increasing the likelihood that the NHRI’s recommendations produce tangible results. 144