Part II NHRIs in action While individual NHRIs will have different procedures for receiving and resolving complaints, effective investigations require that an institution has adequate legal powers, properly trained staff and a strong commitment to addressing the issues raised by complainants. NHRIs should clearly communicate their procedure for receiving, investigating and resolving human rights complaints, including the time period for bringing a complaint. These should be set out in publiclyavailable documents. This ensures that all parties to a complaint understand the process that will be followed by the NHRI. It also helps promote public confidence in the institution. In addition, NHRIs should clearly inform complainants of their rights and potential remedies. They should also seek to support those who may have been victims of human rights violations through the complaint process, by providing information and assistance when it is required. This is particularly important for migrants who can experience language or literacy barriers, as well as anxiety about engaging in the legal system of another country. If the NHRI rejects a complaint, it is crucial that the complainant is provided with clear reasons for the decision and what other options exist to resolve the complaint.226 4.1. Collecting evidence To undertake effective investigations, NHRIs must gather as much evidence as possible concerning the complaint. The majority of evidence will come from interviews conducted with the person lodging the complaint and the respondent. In addition, these interviews may identify other sources of evidence to cross-check the allegations that have been made. For example, testimonial evidence – such as interviews, statements or affidavits – may also be collected from witnesses, consular officials, relevant professionals or experts. Depending on the nature of the complaint, NHRIs may also collect: • medical records or photographs of injuries that were alleged to have been sustained • official records, for example from a workplace or place of detention • responses provided by relevant authorities • reports of on-site visits undertaken by the NHRI, for example to a workplace or a place of detention. In addition, NHRIs should collect and review information on the situation facing migrant workers in the country from a range of public sources, including decisions in relevant court cases; reports prepared by national and international NGOs; reports of UN agencies, human rights treaty bodies or special procedure mandate holders; and media reports. Information should be formally recorded using a standard format so that NHRIs can analyse and crosscheck complaints of a similar nature to identify systemic patterns of human rights violations.227 226 Detailed information about effective complaint investigation procedures is included in National Human Rights Institutions: History Principles, Roles and Responsibilities; Professional Training Series 4 (Rev.1); OHCHR; 2010. 227 Preventing Torture: An Operational Guide for National Human Rights Institutions; Asia Pacific Forum of National Human Rights Institutions, Association for the Prevention of Torture and the Office of the United Nations High Commissioner for Human Rights; 2010; p. 41. Chapter 7: Investigating allegations of human rights violations | 91