indicator of the existence and effectiveness of any official policy to hold perpetrators of torture accountable. Moreover “[a] prompt response by the authorities in investigating allegations of ill-treatment may generally be regarded as essential in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts [footnote omitted].”46 2.2.2. International standards: Prompt and effective investigation of torture allegations I. International Treaties and Customary International Law Sources Article 13 of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment stipulates a right for every individual who alleges that he or she has been subjected to torture in the territory under the jurisdiction of the State party to a) bring a complaint to the competent authority and b) have the complaint investigated by the authorities promptly and impartially. Article 8 of the Inter-American Convention to Prevent and Punish Torture expressly requires states to guarantee individuals a channel through which they can submit their complaints of torture, and to have these complaints impartially examined through an immediate and proper investigation and criminal process. The United Nations Human Rights Committee has identified a right to complain and have one’s complaint heard promptly as part of the requirements of the International Covenant on Civil and Political Rights (ICCPR). According to this Committee, the prohibition of torture should be understood together with the obligation to guarantee a means of redress to victims whose rights have been violated. The Committee further stipulated the unequivocal obligation of States to provide victims with the right to complain under their domestic law and to investigate complaints promptly and impartially.47 Regional courts have equally recognised a right to complaint and have one’s complaint investigated promptly and effectively as integral element of the prohibition against torture in conjunction with the right to an effective remedy. 48 The United Nations Special Rapporteur on Torture49 and instruments such as the Istanbul Protocol,50 the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,51 the Standard Minimum Rules for the Treatment of Prisoners52 46 Bati and others v Turkey, para.136. 47 See General Comment 20 Concerning the Prohibition of Torture and Cruel Treatment or Punishment (Art. 7) 10/3/1992 at para 14. See, also, Concluding Observations of the Human Rights Committee: Egypt, UN. Doc. CCPR/CO/76/EGY, 28 November 2002; Viet Nam, UN. Doc. CCPR/CO/75/VNM, 26 July 2002; Yemen, UN. Doc. CCPR/CO/75/YEM, 26 July 2002; Georgia, UN. Doc. CCPR/CO/74/GEO, 19 April 2002; Hungary, UN. Doc. CCPR/CO/74/HUN, 19 April 2002; Azerbaijan, UN. Doc. CCPR/CO/73/AZE, 12 November 2001; Uzbekistan, UN. Doc. CCPR/CO/71/UZB, 26 April 2001; Venezuela, UN. Doc. CCPR/CO/71/VEN, 26 April 2001; Syria, UN. Doc. CCPR/CO/71/SYR, 24 April 2001; Kyrgyzstan, UN. Doc. CCPR/CO/69/KGZ, 24 July 2000; and Congo, UN. Doc. CCPR/C/79/Add.118, 27 March 2000. 48 See Mikheyev v. Russia, Cantoral Benavides v. Peru and other cases discussed in more detail infra at II (ii) and (iii). 49 Report of the Special Rapporteur on Torture, Sir Nigel Rodley, UN Doc. E/CN.4/2004/56, 23 December 2003, para.39; General Recommendations of the Special Rapporteur on Torture, UN Doc. E/CN.4/2003/68, para. 26(i); See also Resolution Adopted by the General Assembly on the report of the Third Committee: “all allegations of torture or other cruel, inhuman or degrading treatment or punishment should be promptly and impartially examined by the competent national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be held responsible and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have taken place, and that national legal systems should ensure that the victims of such acts obtain redress and are awarded fair and adequate compensation and receive appropriate social and medical rehabilitation” at para. 2. 50 Principle 2 of the Istanbul Principles, Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Adopted by General Assembly resolution 55/89 Annex, 4 December 2000. 51 Adopted by General Assembly resolution 43/173 of 9 December 1988. Principle 33 (4): “Every request or complaint shall be promptly dealt with and replied to without undue delay.” 52 Rule 36 (4): “Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt with and replied to without undue delay.” 16