The standards of a legal investigation

A legal investigation has to be carried out effectively, which means under international law allegations of torture must be fully, promptly, impartially and thoroughly investigated [1]. The meaning of these principles has been largely elaborated and interpreted by case law. Generally it can be said that:

• the investigation has to be started without delay and carried out within a reasonable timeframe;
• the investigating bodies must be independent and free from undue bias;
• all measures (procedural and legal) must be taken in order to identify and punish those responsible.

Despite the fact that different types of investigating mechanisms exist in different countries, these international standards should be the universal norm and applied in every domestic legal system.

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1. Art 12-13 Convention Against Torture, Art. 8 of the Inter-American Convention to Prevent and Punish Torture and Art. 7 ICCPR, Human Rights Committee, CCPR General Comment 20 concerning prohibition of torture and cruel treatment or punishment (Art. 7), 10/03/92. For further detail see Practical Guide for Lawyers to the Istanbul Protocol 2004 p.19-25