• Instituting legislative and administrative changes needed to minimise delays in the future. This may include removing immunity legislation and (unduly short) statutes of limitation as well as introducing clear rules and time limits pertaining to the conduct of investigations.136 The latter may also include judicial remedies of complainants to seek timely and speedy investigations. The nature of administrative measures sought will depend on the causes of the delays in the country concerned but may include institutional reforms, such as setting up special units to investigate torture complaints, and practical measures, such as training on investigation methods.137 2.5.2. States’ responses to comply with obligations The lack of prompt investigations and delays throughout proceedings is often due to a multitude of causes, encompassing inter alia policy, legislation, procedures, institutional setup and resources. These deficiencies are frequently just one aspect of broader systemic shortcomings that affect the effectiveness of complaints procedures and investigations. This means that responses to such shortcomings must normally have a wider reach than solely addressing the issue of delays. Adoption of policy An important starting point to tackle delays in investigations with a view to combating impunity for torture, is the adoption of policy ideally as part of a comprehensive anti-torture policy/plan. Such a policy would serve as an important official acknowledgment of shortcomings within the system and the willingness of the Government and/or relevant national authorities to take action to address such shortcomings. Based on the jurisprudence of regional and international human rights treaty bodies, this policy should compel national authorities to take the following measures in response to torture allegations with a view to complying with their international obligations and, by so doing, to set examples of best practice in combating impunity for torture: • • • • • • Automatically commence an investigation upon receiving a complaint of torture or upon receiving credible information that torture has occurred; Take investigative steps as expeditiously as possible. Searching premises where the torture allegedly took place, ordering a medical examination, interrogating the alleged perpetrators and obtaining witness testimony are some of the most important steps that need to be taken immediately, if possible within the first weeks of an investigation in torture cases; To keep files that specify the date when any such measures were taken; To comply with any orders to reopen investigations and take the requisite additional measures as expeditiously as possible; To suspend any officials against whom there is a reasonable suspicion that they are responsible for torture; To establish the identity of those responsible for torture by such means as checking of custody records, witness statements and identity parades, and to bring charges against them for crimes carrying appropriate punishments as soon as possible. Legislative reforms 136 See in particular Montero-Aranguen et al. v. Venezuela, para.141. 137 See, for example, the order to disseminate and implement the Istanbul Protocol, Gutierrez-Soler v. Colombia, paras.109, 110. 29