155. The Commission recalls that in investigating cases of cruel, inhumane and degrading treatment: Investigations must be carried out in an impartial manner, taking into account potential conflicts of interest, hierarchical relationships with potential suspects and the specific conduct of the investigators. 84 156. Furthermore, the Istanbul Protocol also provides that Those potentially implicated in torture or ill-treatment should be removed from any position of control or power, whether direct or indirect, over complainants, witnesses or their families, as well as those conducting the investigation 85 157. The Commission has also previously stated that: An individual is a victim regardless. of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. 86 158. What is clear in applying these standards .is that the police neglected to tie the loose ends regarding the true role played by Mr. Kennedy Maurice in the case. The police also allowed his testimony to be the sole deciding evidence in the investigation. The Police of the Respondent State did not conduct themselves diligently in this regard and allowed a potential suspect to control the narrative of the investigation, impairing the victim's opportunity for redress through an effective investigation. 159. It is also worth noting that there were many suspicious issues which were integral to the investigation which the Police never looked into or only looked into 2 years later, when the investigation was reopened, following this case being filed before the Commission. 87 The Commission notes that the vehicles alleged to have ferried the victim, particularly the Mercedes Benz drive:. -J :}* ennedy Maurice were never traced or investigated at the material ti .1:ne vebic es rch was only / ' J conducted on the 10th of March 2020. 88 Similarly,'Biotech ancl Tedi o-Med, the I' / I ~ i p~ 84 Istanbul Protocol, para 193 85 Istanbul Protocol, Para 195 86 General Comment No. 4 para 17, page 6 ed on the 30th Respondent State Submissions, Annex 27, Memo of Prosecutor I. Nyoni to oples' Rights of January 2020, with the subject "Complaint brought to the African Commfl:li<:;n,.,,,, against amibia 88 Respondent State Submissions, Annex 24, Notice for Vehicle Search for the Mercedes Benz, 10 March 2020 87 -=---- 38