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Time for accountability
other groups whose members have been especially vulnerable to human rights
violations.
The commission and each of its members should have the strongest possible
guarantees of independence including establishment in law, security of tenure
and other immunities and privileges. They must be independent of the
executive functions of government, free of political pressures and able to carry
out their work without interference from the authorities or from other agencies
or bodies under investigation. The commission should be provided with
transparent funding and sufficient material and human resources to carry out
its work.
The commission’s investigations should cover all violations of human rights. In
particular it should focus on violations that constitute crimes under
international law, and should endeavour to safeguard evidence for use in the
administration of justice. Its inquiries should relate to all individuals allegedly
responsible for violations of human rights, whether they ordered them or
actually committed them, as perpetrators or accomplices.
The terms of reference of the commission should mandate it to include in its
final report recommendations on legislative and other action to combat
impunity.
3. The government should undertake prompt, thorough, independent and impartial
investigations of violations of human rights and ensure that those responsible for
crimes, particularly crimes under international law and other human rights violations,
are brought to justice.
Investigations should cover those responsible at all levels, whether they
committed, ordered or were otherwise complicit in crimes, and whether they
were public officials or employees or were acting in another capacity.
The fact that a perpetrator acted on the orders of the government or of a
superior should not exempt him or her from criminal responsibility.
Effective steps should be taken to ensure the protection of victims and other
witnesses against intimidation or reprisals.
The fact that violations were committed by a subordinate should not exempt
that subordinate’s superiors from criminal responsibility if they knew or had
reason to know that the subordinate was committing or was about to commit
such a crime and did not take all necessary measures they could to prevent or
punish it.
Amnesty International
AI Index: AFR 46/028/2008
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