State agents and to identify and hold accountable individuals or
groups responsible for violations of the right to life constitutes in
itself a violation by the State of that right. This is even more the
case where there is tolerance of a culture of impunity. All
investigations must be prompt, impartial, thorough and
transparent.
(16) Effective systems and legal processes of police investigation
(including capacity to collect and analyse forensic evidence) and
accountability (including independent oversight mechanisms)
should be established where they are not in place.
(17) Accountability, in this sense, requires investigation and, where
appropriate criminal prosecution. In certain circumstances,
independent, impartial and properly constituted commissions of
inquiry or truth commissions can play a role, as long as they do
not grant or result in impunity for international crimes.
Accountability also encompasses measures such as reparation,
ensuring non-repetition, disciplinary action, making the truth
known, institutional review and, where applicable, reform.
States must ensure that victims have access to effective remedies
for such violations. States should cooperate with international
mechanisms so as to ensure accountability.
(18) States must hold to account private individuals and
corporations, including private military and security companies,
that are responsible for causing or contributing to arbitrary
deprivations of life in the State’s territory or jurisdiction. Home
States also should ensure accountability for any extraterritorial
violations of the right to life, including those committed or
contributed to by their nationals or by businesses domiciled in
their territory or jurisdiction.
(19) Reparation should be proportional to the gravity of the
violations and the harm suffered. Victims should be treated with
respect and appropriate measures should be taken to ensure
their safety. Those who have suffered violence or trauma should
benefit from consideration to avoid re-traumatisation. Full and
effective reparation to address the harm suffered by victims,
including by their family and dependents, should include the
implementation of guarantees of non-repetition.
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