242. Nature and conduct of investigations.

The prohibition of torture1 requires an 'effective investigation'2 but does not provide for the precise manner in which the investigation should be carried out, which will vary according to the circumstances3. Nevertheless, certain elements have been recognised as necessary to ensure an investigation is Article 3 compliant, and it has been accepted that in order to comply with the Article 3 prohibition an investigation:

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    (1)     should be capable of leading to the establishment of the facts of the case4 and the identification and punishment of those responsible5 (ie that the obligation is not one of result but one of