The United Nations Committee against Torture, in considering Peru’s state party report,
recently expressed its concern over the “excessive length of such proceedings” in
investigating torture cases.41
In Brazil, the agencies overseeing police conduct who investigate abuses frequently
encounter difficulties, such as resistance from police officers, lack of good will and lack of
cooperation from the heads of police stations (delegados). Consequently, torture
investigations suffer from undue delays and are generally inadequate. Investigations carried
out by the police are often abandoned or filed away and do not even reach the judicial
authorities, especially in torture cases.42
In Mexico, the prosecutors and the judicial police are not seen to be vigorous in their
investigation of torture complaints. Investigations are often closed or archived for lack of
sufficient evidence. Victims have a right to challenge the decision to close an investigation
but in any case, the available procedures are time-consuming and have therefore not
provided an effective remedy to secure the timely reopening of investigations.43
2.2. International standards: prompt investigations and the right to
an effective remedy
2.2.1. Rationale for prompt investigations and expeditious prosecutions
The purpose of torture investigations is to establish the facts and to identify the perpetrators
in order to ensure accountability, provide justice to victims and deter future wrongdoing.
International standards recognise that investigations must be of a certain quality to achieve
their objectives, namely they must be prompt, impartial and effective. Promptness is crucial
from the receipt of the initial allegations about torture and throughout the investigation and
prosecution. In the words of the United Nations Committee against Torture, there is a need to
have a prompt investigation “to ensure that the victim cannot continue to be subjected to
such acts,”44 and because “the physical traces of torture, and especially of cruel, inhuman or
degrading treatment, soon disappear.”45 Delays also allow increase the opportunities for the
harassment and intimidation of victims and witnesses.
Prompt investigations play a significant role in the arsenal of measures taken to prevent
torture. They demonstrate the determination of the responsible bodies to act decisively
against torture and those responsible for it. The promptness of investigations is thus a good
41
Conclusions and recommendations of the Committee against Torture: Peru, UN Doc. CAT/C/PER/CO/4, 25 July 2006,
para.16.
42
Concluding observations of the Human Rights Committee: Brazil, UN Doc. CCPR/C/BRA/CO/2, 1 December 2005, para.12
and Report by the Special Rapporteur [on Torture], Sir Nigel Rodley, submitted pursuant to Commission of Human Rights
resolution 2000/43, Addendum: Visit to Brazil, UN Doc. E/CN.4/2001/66/Add.2, 30 March 2001.
43
REDRESS, Reparation for Torture, A Survey of Law and Practice in Thirty Selected Countries: Mexico, May 2003. See also
Conclusions and recommendations of the Committee against Torture: Mexico, UN Doc. CAT/C/MEX/CO/4, 6 February 2007,
para.16.
44
Encarnación Blanco Abad v. Spain, para. 8.2.
45
Ibid.
15
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