In addition, the inquiry itself must be scrupulous in protecting the human rights of those assisting it in its
work. Those alleged to be perpetrators are entitled to the presumption of innocence and, if appropriate,
a fair trial in a court of law. They are entitled to due process before the inquiry itself. They should be
made aware of allegations against them and assured of the opportunity to respond to those allegations
and to evidence provided to the inquiry. The inquiry should be aware of procedures prescribed in
international law for the treatment of accused persons and seek to model its own procedures on those
requirements.15 Most importantly, however, it must also observe the relevant laws of its own country and
the rules of natural justice. It could develop and adopt a procedural statement that sets out how it will
deal with alleged perpetrators, and indeed with other groups, to ensure fairness, justice and respect for
human rights in its work.
KEY POINTS: CHAPTER 5
• The expertise and experience of stakeholders are essential for the inquiry’s
success.
• Important stakeholders may include victims of the human rights situation
under investigation and members of their families, Government officials,
NGOs, academics and professionals, religious groups and foundations and
other organisations, as well as alleged and potential perpetrators.
• Stakeholders could have many views about the national inquiry, ranging from
very supportive to very hostile.
• The national inquiry will need to use a variety of strategies to engage the
stakeholders it needs to engage.
15
These procedures include those prescribed in the International Covenant on Civil and Political Rights.
Chapter 5: Identify, consult and engage stakeholders | 27