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SHADOW OF IMPUNITYTORTURE IN MOROCCO AND WESTERN SAHARA47practice. Nonetheless, they are a welcome recognition of the implementation gap betweenlaw and practice regarding the investigation of torture allegations, and an important first steptowards its resolution.THE OBLIGATION TO INVESTIGATEThe Moroccan authorities are obliged to ensure prompt and impartial investigations into allegationsof torture and other ill-treatment under Articles 12, 13 and 16 of the Convention against Torture.The promptness of the investigation includes the time at which it was opened, as well as its expediency, inorder to ensure that evidence, including medical evidence, can be gathered before being eroded.The investigation of reported torture and other ill-treatment is also vital for the realization of justice andreparation. Facts documented during the investigation may facilitate the prosecution or disciplinary sanctions,depending on the severity of the violation, for state officials or individuals acting at the behest of the statewhose responsibility is suspected, as well as demonstrate the need for full reparation from state authorities,including financial compensation, medical care and rehabilitation. 79The procedure for investigating alleged torture or other ill-treatment is defined in the Istanbul Protocol and theUN Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment (Principles on the Investigation of Torture).Authorities must promptly ensure that alleged torture and other ill-treatment are investigated impartially andindependently from suspected perpetrators and the agency to which they belong. 80 Authorities should alsoopen investigations even when no formal complaint is made if there are other indications that torture or otherill-treatment has occurred. 81The European Court for Human Rights 82 and the Special Rapporteur on torture have argued that whereallegations of torture are made or where suspects are injured during garde à vue detention, the burden toprove that abuse did not occur rests with the prosecution. 83According to international human rights standards, complainants and their legal representatives should haveaccess to all information, including evidence, relevant to the investigation, and be allowed to present otherevidence. 84 The findings of the investigation should be made public in a detailed report. 8579Istanbul Protocol para. 77; Principles on the Investigation of Torture, para. 1(c).80Istanbul Protocol paras 85-87; Principles on the Investigation of Torture para. 2.81Istanbul Protocol para. 79; Principles on the Investigation of Torture para. 2.82ECHR, Aksoy v. Turkey, 18 December 1996, para. 61.83Report of the Special Rapporteur on Torture, UN Doc. E/CN.4/2003/68 (2002) para. 26(k).84Principles on the Investigation of Torture para. 4.85Principles on the Investigation of Torture para. 5(b).Index: MDE 29/001/2015 Amnesty International May 2015