Commissions of inquiry can’t fight impunity on their own – UN Special Rapporteur on torture

GENEVA (5 March 2012) – The United Nations Special Rapporteur on torture, Juan E. Méndez, said that commissions of inquiry into torture and other forms of ill-treatment are effective tools in the fight against impunity. However, he stressed, “a commission of inquiry by itself is never sufficient to fully satisfy a State’s obligations under international law.”

“Commissions of inquiry are strong and flexible mechanisms that can yield ample benefits for Governments, victim communities and the wider public,” Mr. Méndez noted in his main report* to the UN Human Rights Council, “but they do not relieve States of their legal obligations to investigate and prosecute torture, and to provide effective remedies to victims of past violations, including reparation for the harm suffered and to prevent its reoccurrence.”

Unlike other mechanisms commonly engaged in the aftermath of allegations of torture, such as criminal investigations and prosecutions, commissions of inquiry provide unique opportunities for a deeper understanding of the underlying context in which violations were committed, review of governmental policies, practices and institutional shortcomings, truth-telling and contributing to the healing of victim communities, and independent expert recommendations on reparation and guarantees of non-repetition.

Commissions of inquiry can also play an integral role in providing impetus and eventually facilitating the formal investigation of current systems or legacies of torture and other forms of ill-treatment, and pave the way to effective and fair prosecutions. “Where possible,” he says, “the possibility of national commissions of inquiry ought to be pursued before the establishment of an international commission.”

“In these ways, commissions of inquiry may aid States in the fulfilment of their international legal obligations when allegations of torture and other forms of ill-treatment arise,” the Special Rapporteur said, stressing nonetheless that “in the absence of judicial mechanisms, a commission of inquiry alone will not satisfy a State’s obligations.”

The report aims at generating further discussion of the standards that apply to the establishment and conduct of commissions of inquiry, and the relationship between such commissions and the fulfilment by States of their international legal obligations with regard to torture and other forms of ill-treatment.

The report will be further discussed in Geneva at a side event on “Accountability for human rights violations by States in the context of national security and countering terrorism”. His report to the General Assembly will also be highlighted at a side event on “Solitary confinement and its human rights implications”.

Juan E. Méndez (Argentina) was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on 1 November 2010. He is independent from any government and serves in his individual capacity. Mr. Méndez has dedicated his legal career to the defense of human rights, and has a long and distinguished record of advocacy throughout the Americas. He is currently a Professor of Law at the American University – Washington College of Law and Co-Chair of the Human Rights Institute of the International Bar Association. Learn more: http://www2.ohchr.org/english/issues/torture/rapporteur/index.htm

(*) Read the full report by the Special Rapporteur: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/A-HRC-19-61_en.pdf
Check the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: http://www2.ohchr.org/english/law/cat.htm

For more information and media requests, please contact Ms. Sonia Cronin (+41 22 917 91 60 / scornin@ohchr.org) Ms. Yiyao Zhang (+41 22 917 91 58 / yzhang@ohchr.org) or write to sr-torture@ohchr.org.

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

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