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.

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