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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