Part II: Preventing torture: NHRIs in action 1.2. Disadvantages Resources An effective public inquiry requires a significant investment of time, expertise and human and financial resources. The resources needed will depend on the scale of the inquiry (regional or national), its breadth (focused on specific places of detention or different types of detention facilities) and on the materials that need to be produced. In terms of human resources, a number of full-time and/or parttime staff with a wide range of expertise within the institution will be required to conduct the inquiry – this could include researchers, educators, investigators, media and policy officers and administrative staff. The public inquiry may also require the support of expert consultants. Cooperation of witnesses Torture and ill-treatment is a very sensitive issue. Speaking about their experiences can be a very difficult and traumatizing process for victims. They may prefer to speak in confidential sessions, with one or two interviewers, rather than in a public hearing. Victims and witnesses may also fear reprisals. In addition, it might be difficult to gain the cooperation of key officials and representatives from relevant institutions. A one-off activity rather than a process A public inquiry puts the issue of torture and ill-treatment in the public spotlight for a very specific period of time, while follow-up is typically conducted less in the public eye. However, because torture and ill-treatment is often a structural problem, a more permanent and regular oversight process might be more effective in bringing about long-term positive change. 2. Steps to undertake a public inquiry The following steps can be taken by NHRIs in undertaking a public inquiry128. To integrate gender in the public inquiry, NHRIs will need to assess and operationalise the implications for women, men and persons with diverse gender identities in each stage of the process - some examples of possible actions are provided below. Choosing the issue This is one of the most important steps in relation to a public inquiry. The NHRI will need to consider whether the specific pattern of torture or ill-treatment lends itself to a public inquiry process and whether this is likely to be effective in achieving redress for survivors and prevention in the future. This could include asking: what is the significance of the issue? Is it one around which broad consensus, media pressure and sustained public interest can be built? Is it possible to gather public evidence, or is the issue too sensitive? Does the NHRI have the necessary capacity and resources to conduct the inquiry? NHRIs should apply a gender-lens when choosing an issue for a public inquiry. NHRIs can consider how patterns of torture and other ill-treatment affect women and men differently in their context, why such differences might exist and their root causes. Are there violations against women that are being overlooked and could be addressed through such an inquiry? Public inquiries can be well-suited to addressing patterns of violations which are embedded in the culture of society, such as gendered forms of torture, which often involve multiple discrimination and violations of different rights and around which there is currently little understanding or appetite for change. 128 Adapted from APF, Conducting a National Inquiry into Systemic Patterns of Human Rights Violation: A Manual for National Human Rights Institutions (second edition, 2019) Chapters 3 – 16. 145