States have a duty to investigate alleged rights violations.
- A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.
- Administrative mechanisms are particularly required to give effect to the general obligations to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies.
- The right to an effective remedy includes: (iii) access to the factual information concerning the violations.
- The obligation to respect, ensure respect for and enforce international human rights and humanitarian law includes, inter alia, a State’s duty to: (b) Investigate violations and, where appropriate, take action against the violator in accordance with domestic and international law.