Part II Preventing torture: NHRIs in action | Section II Contributing to the implementation of the legal framework
2. Recording information
The only purpose for NHRIs to gather information about allegations of torture is so it can be recorded
and used. Statements and interviews with victims should be written down.
All the information gathered in relation to an allegation of torture should be properly recorded in a file,
including:
• testimonies
• statements or complaints
• medical records
• photographs
• affidavits
• information and responses from the authorities
• other information (such as reports from on-site visits to places of detention).
In addition, NHRIs should also keep reports of torture and ill-treatment from other sources, including:
• decisions in relevant court cases
• reports prepared by non-governmental organizations
• reports of international and regional bodies (such as the United Nations Special Rapporteur on
Torture or the European Committee for the Prevention of Torture)
• media reports of torture.
This information is useful to help to cross-check allegations and identify patterns of abuses.
All information collected should be formally recorded using a standard format that allows others within
the NHRI to analyse and use it appropriately. A standard reporting format allows for cross-checking
between different cases and establishing patterns of torture and ill-treatment.
NHRIs that have the capacity to do so should maintain a computer database or spreadsheet of
complaints of torture they have received.
Records with confidential information should be kept in a secure location at all times. As an additional
precaution, NHRIs can consider identifying files by numbers, rather than by names, with the corresponding
list of names filed separately from the substantive records.
On 10 August 1993, in response to concerns over the poor quality of post-mortem inquiries,
the National Human Rights Commission of India instructed Chief Ministers of States that all
post-mortems of custodial deaths must be videotaped and sent to the Commission.
The NHRC expressed its concern over deliberate cover-ups, noting that “a systematic attempt is
being made to suppress the truth and the report is merely the police version of the incident. The
post-mortem report was intended to be the most valuable record and considerable importance
was being placed on this document in drawing conclusions about the death.”
The NHRC also highlighted its concerns about pressure being placed on the medical profession
by police officials. “The Commission is of a prima-facie view that the local doctor succumbs
to police pressure which leads to distortion of the facts. The Commission would like that all
post-mortem examinations done in respect of deaths in police custody and in jails should be
video-filmed and cassettes be sent to the Commission along with the post-mortem report. The
Commission is alive to the fact that the process of video-filming will involve extra cost but you
would agree that human life is more valuable than the cost of video filming and such occasions
should be very limited.”
Chapter 4: Investigating allegations of torture | 41