240. Duty to provide for investigation of Article 3 violations.

A requirement for the effective prevention of torture and other inhuman or degrading treatment or punishment that is recognised throughout human rights and humanitarian law is for credible allegations of ill treatment to be investigated1. Thus, where a person raises a credible assertion that he has been ill-treated by agents of the state in breach of the Article 3 prohibition, the state is under a positive obligation to conduct an effective official investigation capable of leading to the identification and punishment of those responsible2: if this were not the case, the Article 3 prohibition would be ineffective in practice