Principle 6: Adequate Powers of Investigation

The Paris Principles provide that an NHRI can consider any question, so long as it falls within its area of competence, whether it is submitted by Government or "on the proposal of its members or of any petitioner". NHRIs do not need the concurrence of a higher authority when deciding to consider a question. Furthermore, an NHRI operating in conformity with the Paris Principles will also have the authority to "hear any person and obtain any information and any document necessary" to examine such questions.

The Principle that provides that an institution can consider questions on the proposal of a member or petitioner suggests that an institution should have the authority to hear from a victim, representatives of the victim or from third parties, and that it should have the authority to carry out own-motion investigations.

It is possible to have a Paris Principle-compliant NHRI that does not have the power to accept individual complaints. This is different from the general requirement in the Principles that NHRIs should have the power to protect rights. The authority to accept, and investigate specific complaints from individuals or groups is a specific and additional power. It is worth setting out the Methods of Operation section of the Paris Principles in this regard:

"Within the framework of its operation, the national institution shall:

a) Freely consider any question falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner;

b) Hear any person and obtain any information and any document necessary for assessing situations falling within its competence".

(Emphasis added).

The Principles provide that an institution shall consider questions on the proposal of a member or any petitioner.19 his suggests that an institution should have the authority to inquire into matters raised by a victim, representatives of the victim, or from third parties, and that it should have the authority to carry out own-motion inquiries. (The additional Principles make clear that the authorities set out in the main body of the document also apply equally to institutions with quasi-jurisdictional authority.)

The Principles also state that NHRIs shall have the authority to "hear any person and obtain any information and any document necessary for assessing20" the situation, presumably including when conducting inquiries or investigations. The authority to 'hear any person' implies that NHRIs should have powers to compel a person to give evidence or testimony and to protect individuals from potential retaliation for having done so. The authority to "obtain any information and any document" also implies that the institution has the authority to compel the production of documents and is able to use or access search and seizure powers, as well as to apply penalties to those refusing to produce, for destroying or for falsifying information and documents.

That being said, not all NHRIs have the specific authority in law to investigate individual complaints and this is not considered as making them non-compliant with the Paris Principles, so long as they do have the authority to inquire into matters or issues of a general nature.

It is also true that not all NHRIs, including those with the authority to investigate individual cases, have the legal authorities and powers described above. This, too, does not mean that they do not comply with the Paris Principles. However, it is considered a 'best practice' that such powers are available to a NHRI since their absence reduces the NHRI's capacity to fulfil its mandate. Where they are available, it would be highly preferable if the founding law specifically provided the legal authority for this so that there is no doubt or confusion on the matter.

Checklist: Investigation

19 See "Methods of Operation", (a)

20 See "Methods of Operation", (b)