Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
Prepare background or scoping paper
This forms the basis for the NHRI’s decision on whether to go ahead with the inquiry, with background
information on the issue, what is proposed to be investigated, what it seeks to achieve, how this will
be done, the resources needed and proposed timeframe. The background paper could include a
gender analysis and the possible impact of an inquiry on gender issues129.
Identify, consult and engage stakeholders
Engaging stakeholders is key, as their experience and expertise are essential to the success of an
inquiry. Relevant stakeholders might include torture survivors, their families, government officials, staff
involved in deprivation of liberty, NGOs, academics, professional associations, religious and community
groups, as well as alleged and potential perpetrators. NHRIs should map stakeholders who can
provide gender perspectives and seek to ensure equal participation of women in the inquiry process.
Defining objectives and terms of reference
An important step is to define the aim, scope and the timeframe of the public inquiry. While this
can be a detailed process, clearly defined terms of reference are a critical component of a focused
and effective inquiry. The objectives could include what the inquiry will seek to achieve in terms of
addressing gendered forms and impacts of torture and ill-treatment and working towards gender
equality outcomes.
Appoint Commissioners and staff
Public inquiries need to have the right team, made up of Commissioners and staff with the necessary
mix of skills, qualities and experience. The team should be reflective of society and include gender
representation and gender expertise as far as possible. Where needed, outside expertise can be drawn
on by appointing highly qualified and widely respected experts as “special advisors”.
Gather other resources
The success of an inquiry depends on having the necessary resources, which should be secured in
advance before the inquiry is launched. These include the necessary budget to enable the NHRI to
enable it to meet its objectives and terms of reference. The inquiry will also need premises, equipment,
services and other materials to carry out its work effectively.
Finalise an inquiry plan
The inquiry plan sets out all information about the inquiry in a single place. It is a strategic document
which describes how the inquiry will meet its objectives and provides a blueprint for the conduct
of the inquiry. It should include the inquiry’s methodology, its timetable of activities, products and
a monitoring and evaluation plan. The document should include gender considerations and related
approaches and actions in each stage of the plan.
Launching the inquiry
The public inquiry should be officially launched by the NHRI, with detailed information about the aims,
objectives and conduct of the inquiry provided to all relevant stakeholders.
Obtain information: research and evidence
The NHRI will need to identify what information already exists and the information that will need to
be obtained through research. For example, all relevant national laws and regulations should be
compiled, as well as international and regional standards and jurisprudence. This forms a basis to
assess the extent to which the State is meeting its international obligations to prevent torture.
129
146
See for example, the gender analysis framework proposed in OHCHR’s Manual on Human Rights Monitoring (2011),
Chapter 15: Integrating Gender into Human Rights Monitoring.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents