Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition Investigation and prosecution Allegations of torture must be promptly, impartially and effectively investigated,14 even in the absence of a formal complaint, and “the investigation must seek both to determine the nature and circumstances of the alleged acts and to establish the identity of any person who might be involved.”15 Any breach of the law must be appropriately sanctioned. When this does not occur, a culture of impunity develops which can undermine both the force of the law and its implementation. Taking action to tackle impunity is even more important in relation to torture and ill-treatment, as it is absolutely prohibited under all circumstances. The following actions should be taken: • strengthening the independence of the judiciary • establishing effective and accessible complaints mechanisms • ensuring access to free legal aid and legal assistance • promptly and effectively investigating allegations of torture or ill-treatment • ensuring those who breach the law are prosecuted and sanctioned. Redress for victims Victims of torture and ill-treatment should be provided with full and effective remedy (procedural part) and reparation (substantive part), including restitution, compensation, rehabilitation, satisfaction and a guarantee of non-repetition.16 Financial compensation should be provided for economically assessable damages. Satisfaction can include a variety of measures, such as an official declaration to restore the dignity of the victim, a public apology or a commemoration and tribute to victims. 1.3.3 Oversight mechanisms In addition to an effective legal framework and its implementation, there is also a need to establish oversight mechanisms, as the risk of torture and ill-treatment is present in all countries at all times. Oversight mechanisms can check both the existence and compliance of the domestic legal framework as well as its implementation. In addition, they help identify areas of potential risk and propose possible safeguards. Internal administrative oversight mechanisms which are set up within an institution – such as police inspection services or prison inspection services – help monitor the functioning of State institutions and their respect for legislative norms and regulations. While very useful, internal oversight mechanisms are, by themselves, insufficient for this preventive work as they lack independence and have a more administrative monitoring function. In addition to internal oversight mechanisms, it is essential to set up independent mechanisms to visit places of detention. The mere fact that independent bodies can enter places of detention, at any time, has a strong deterrent effect. The objective of these visits is not to document cases of torture or denounce the situation or the authorities. Instead, the aim is to analyse the overall functioning of places of detention and provide constructive recommendations aimed at improving the treatment and conditions of persons deprived of liberty. The international human rights system also provides an important oversight mechanism, with relevant treaty bodies as well as special procedures able to review and make recommendations regarding the State’s legal framework and its implementation. 16 14 See Article 12 of the UN Convention against Torture and the Nelson Mandela Rules (Rules 57 and 71). 15 See Blanco Abad v. Spain, Committee against Torture, Communication 59/1996, views adopted on 14 May 1998. 16 See CAT General Comment No. 3 on the right to redress (2012); the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (General Assembly resolution 60/147 of 16 December 2005).