Subpoena Powers of the National Institutions

Africa

Ghana

(1) The Commission shall for the purposes of performing its functions under
this Act, have power -

(a) to issue subpoenas requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission;
(b) to cause any person contemptuous of any such subpoena to be prosecuted before a competent court;
(c) to question any person in respect of any subject matter under investigation before the Commission;
(d) to require any person to disclose truthfully and frankly any information within his knowledge relevant to any investigation by the Commissioner.

(2) The Commissioner shall not investigate -
(a) a matter which is pending before a court or judicial tribunal; or
(b) a matter involving the relations or dealings between the government and any other government
or an international organisation; or
(c) a matter relating to the exercise of the prerogative of mercy.
(Article 8 Act 456 of 1993)

Kenya

In the performance of its functions under this Act, the Commission shall have the powers of a court to: (a)issue summons or other orders requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission; (b) question any person in respect of any subject matter under investigation before the Commission; (c) require any person to disclose any information within such person's knowledge relevant to any investigation by the Commission;
(d) commit persons for contempt of its orders.
(Art. 19(1) THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS ACT, 2002)

South Africa

(1) The Commission may, in order to enable it to exercise its powers and perform its duties and functions-

(c) require any person by notice in writing under the hand of a member of the Commission, addressed and delivered by a member of its staff or a sheriff, in relation to an investigation, to appear before it at a time and place specified in such notice and to produce to it all articles or documents in the possession or custody or under the control of any such person and which may be necessary in connection with that investiga- tion: Provided that such notice shall contain the reasons why such person's presence is needed and why any such article or document should be produced;
(d) through a member of the Commission, administer an oath to or take an affirmation from any person referred to in paragraph (c), or any person present at the place referred to in paragraph (c), irrespective of whether or, not such person has been required under the said paragraph (c) to appear before it, and question him or her under oath or affirmation in connection with any matter which may be necessary in connection with that investigation.

(2) (a) Any person questioned under subsection (1) shall, subject to the provisions of paragraph (b) and subsections (3) and (4)-

(i) be competent and compelled to answer all questions put to him or her regarding any fact or matter connected with the investigation of the Commission notwithstanding that the answer may incriminate him or her;

(ii) be compelled to produce to the Commission any article or document in his or her possession or custody or under his or her control which may be necessary in connection with that investigation.

(b) A person referred to in paragraph (a) shall only be competent and compelled to answer a question or be compelled to produce any article or document contemplated in that paragraph if-

(i) the Commission, after consultation with the attorney-general who has jurisdiction, issues an order to that effect; and
(ii) the Commission is satisfied that to require such information from such person is reasonable, necessary and justifiable in an open and democratic society based on freedom and equality; and
(iii) in the Commission's judgement, such person has refused or is likely to refuse to answer a question or to produce any article or document on the basis of his or her privilege against self-incrimination.

(3) (a) Any incriminating answer or information obtained or incriminating evidence directly or indirectly derived from a questioning in terms of subsection (1) shall not be admissible as evidence against the person concerned in criminal proceedings in a court of law or before any body or institution established by or under any law: Provided that incriminating evidence arising from such questioning shall be admissible in criminal proceedings where the person stands trial on a charge of perjury or a charge contemplated in section 18(b) of this Act or in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955).

(b) Subject to the provisions of subsection (2)(a)(i), the law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a court of law shall apply in relation to the questioning of a person in terms of subsection (1). (Article 9, NO. 54 OF 1994: HUMAN RIGHTS COMMISSION ACT, 1994)

Tanzania

The Commission shall have powers of a court: (a) to issue summons or other orders requiring the attendance of any person before it and the production of any document, record or anything relevant to an investigation or inquiry which may be in the possession or control of that person; (b) to examine, on oath or affirmation, any person in respect of any matter under investigation;
(c) to require any person to provide any information within its knowledge relevant to an investigation or enquiry; (d) to make interim orders to preserve, pending determination of the matters at issue the existing state of affairs between the parties to the proceedings or the rights of the parties; (e) subject to any other law, to enter upon, and inspect, any premises relevant to an investigation and to seize any relevant document, record or anything; and (f) to commit persons for contempt of its proceedings or orders (Article 15(1) THE HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE BILL, 1999)

Zambia

The Commission shall have powers to:

a) issue summons or orders requiring the attendance of any authority before the Commission and the production of any document or record relevant to any investigation by the Commission;

b) question any person in respect of any subject matter under investigation before the Commission;

c) require any person to disclose any information within such person's knowledge relevant to any investigation by the Commission; and

(d) recommend the punishment of any officer found by the Commission to have perpetrated an abuse of human rights.
(Art. 10(2) Act 39 of 1996)

America

Barbados

(1) Subject to subsection (3), the Ombudsman may, for the purpose of an investigation, require any Minister, officer or member of the department or authority concerned or any other person (including the complainant) to supply any information, produce any document or thing, attend for examination, or allow access by the Ombudsman to any premises of the department or authority.

(2) The Ombudsman shall, for such purposes, have the same powers as the High Court (including the power to administer oaths and affirmations) but subject to the same rules relating to immunity and privilege from disclosure as apply in the High Court and subject also to the following provisions of this section.

(3) Where the Attorney General certifies that the giving of any information or the answering of any question or the production of any document or thing or the allowing of access to any premises (a) might prejudice the security, defence or international relations of Barbados or the investigation or detection of offences; (b) might involve the disclosure of deliberations of the Cabinet; or (c) might involve the disclosure or proceedings of the Cabinet or of any committee of the Cabinet relating to matters of a secret or confidential nature and would be injurious to the public interest, the Ombudsman shall not require the information or answer to be given or the document or thing to be produced or access to the premises to be allowed.

(4) Subject to subsection (3), no information, answer, document or thing shall be withheld from the Ombudsman on the ground that its disclosure would be contrary to the public interest.
(Art.10 Ombudsman Act).

The Attorney General may deny any information when: it might prejudice the security (defense or international relations); it might involve the disclosure of deliberations of the Cabinet, or it might involve the disclosure or proceedings of the Cabinet relating to matters of a secret or confidential nature and would be injurious to the public interest. (Art. 11(2) Ombudsman Act).

Bolivia

Authorities must provide all information requested in the performance of its duties (Art. 129 Const.)

Colombia

Authorities must provide the necessary information and assistance (Arts. 15 and 16 Ley 24 De 1992, Diciembre 15 de 1992).On his visits, the Defender has full access to the information and may quote any person who testifies. He may visit public and private entities and request information. (Art. 28)

Costa Rica

He may inspect public offices without prior warning and require from them all documentation, evidentiary and necessary information; public officials summoned must appear in person (except officials with immunity). (Art. 12 Ley No. 7319 del 17 de noviembre de 1992)Access to all the information files and documentation, except State secrets and confidential documents. (Art. 24)

Ecuador

Public Authorities and private citizens involved with the investigation must provide all the information required. (Art.21 Law)In visits to legal entities or individuals, the Defender shall receive technical assistance and may summon any person to give testimony. (Art. 22 Law)

El Salvador

May require reports or cooperation by Government bodies, civil security and military authorities. (Art. 10 Ley de la Procuraduría Reglamento de la Procuraduría DECRETO Nº 183)

Haiti

When the Protector is presented a case, and deems it appropriate to intervene, he shall: 1) invite the person responsible for the act or omission (in the case of a public body, its Head); 2) open a file for this purpose that must include the results of this initial contact; 3) the intervention may include an investigation of he deems it suitable; 4) the investigations shall be made by the permanent investigators of the Office. (Art. 21 Law)The Protector has the power to require testimony and useful documents for an investigation. In the event of a refusal, the Police Correctional Court may impose a fine between 500 to 5,000 gourdes (Art. 30 Law).

Honduras

May request even restricted or “secret” documents. (Art. 35 Ley Orgánica Del Comisionado Nacional De Los Derechos Humanos)All Public Powers are obligated to assist the Commissioner in a preferential and urgent capacity. (Art. 30)
Mexico

The party indicated as responsible is requested to present a report within fifteen days, except when due to urgency that term is reduced. (Art. 34 Ley De La Comisión Nacional De Derechos Humanos De México)

Nicaragua

Any person must appear before the Advocate when summoned. (Art. 32 Law) Any official is obligated to collaborate preferentially with the Advocate. (Art. 34 Law)

Paraguay

He may summon official and other implicated persons. (Art. 23 Ley Nº 631 Orgánica De La Defensoria Del Puebloiii) He may have access to any facilities he considers appropriate, and if necessary he may request a court order to access and search any location, and may be assisted by the police force. (Art.10 (2)) He may require information from the different authorities including ghte Judicial Body, the Public Prosecutor, and police and security agencies. (Art. 10 (2))Senators and Deputies my request and investigation. (Art. 26)

Peru

The authorities shall provide the information requested by the Defender, facilitate his inspections, (even in facilities of the national police) carry out personal interviews or proceed to review files, reports, and any other material it deems useful. (Art. 16 Ley Orgánica De La Defensoría Del Pueblo Ley N° 26520)

Puerto Rico

To take the oath and declarations and summon and hear witnesses and require the presentation of any documents. (Art. 15 Puerto Rico: Ley Del Procurador Del Ciudadano)

Santa Lucia

The Parliamentary Commissioner has the powers of the High Court to summon witnesses to appear before him and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings have the same duties and liabilities and enjoy the same privileges as in the High Court. (Art. 116(1) Constitution). The Parliamentary Commissioner has the power to enter and inspect the premises of any department of government or any authority. (Art. 116(2) Constitution).
The Parliamentary Commissioner may not be empowered to summon a Minister or a Parliamentary Secretary to appear before him or to compel a Minister or a Parliamentary Secretary to answer any questions relating to any matter under investigation by the Commissioner. (Art. 117(2) Constitution).

Asia-Pacific

Afghanistan

The Commission shall have the power to hear any person and obtain any information, evidence and documentation necessary to assess situations and cases falling within its competence. It shall further have the power to require that the evidence of any witness, whether written or oral, be given under oath or affirmation, in the manner required for the presentation of evidence before the courts of Afghanistan, and to administer such oath or affirmation. It shall have the power to summon any person resident in Afghanistan to appear before the Commission in order to give evidence, provide testimony, produce documents or deliver material evidence, to examine such persons as witnesses, and to compel them to produce documentary or material evidence in their possession or under their control. The Commission shall have the authority to admit or exclude the public from any part of an enquiry, in particular where this is necessary in order to protect the safety or reputation of any persons. (Art. 11, Decree of the Presidency of the Interim Administration of Afghanistan on the Establishment of an Afghan Independent Human Rights Commission)

India

13. Powers relating to inquiries

(1 ) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely :

(a) summoning and enforcing the attendance of witnesses and examine
them on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176
and section 177 of the Indian Penal Code.

(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

(4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

14. Investigation

(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1 ) may, subject to the direction and control of the Commission.

(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.

(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.
(4) The officer or agency whose services are utilised under sub-section (1 ) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.

(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report subbed to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit. (The Protection of Human Rights Act, 1993)

New Zealand

The Commission has the function to receive and invite representations from members of the public on any matter affecting human rights. (Human Rights Amendment Bill, Article 5 (2)(e))
Europe

Bosnia and Herzegovina

During an investigation, an Ombudsman may present himself or herself at any government body in order to check all requisite information, conduct personal interviews or study the necessary files and documents (Art. 25(2) Law on the Human Rights Ombudsman of Bosnia and Herzegovina).
Georgia

While carrying out examination, the Public Defender of Georgia enjoys the following rights: a) to have unimpeded access to any state body or local administration, enterprise, organization and institution, including military units and places of imprisonment before trial and other places of confinement; b) to demand and receive from state bodies and local administrations, governmental and non-governmental enterprises and organizations and institutions as well as from officials and legal entities any information, document or other material required for examination; c) to get explanation concerning the issue from any official; d) to carry out expert examinations and to make finding by means of competent state and/or non-state organizations; to invite experts for execution of examination and consulting works; e) to have access to criminal, civil and administrative cases the decisions on which have entered into force (Art. 18 Law)

Ireland

(6) For the purposes of an enquiry, the Commission—

(a) may require a person who, in the opinion of the Commission, is in possession of information or has a document or thing in his or her power or control that is relevant to the enquiry, to furnish that information, document or thing to the Commission, and (b) where appropriate, may require such person to attend before the Commission for that purpose, and that person shall comply with the requirement accordingly.

(7) A requirement under subsection (6) shall specify a period in which the requirement is to be complied with and, as appropriate—

(a) the place at which the person, the subject of the requirement, shall attend to give the information concerned or to which he or she shall deliver the document or thing concerned, or (b) the place to which the said person shall send the information, document or thing concerned.
(8) A person required to attend before the Commission under subsection (6)—
(
a) shall answer fully and truthfully any question put to him or her by the Commission (other than a question the answer to which might in criminate the person), and (b) if so requested by the Commission, shall sign a declaration of the truth of his or her answers to any such question.
(Article 9, Human Rights Commission Act 2000)

Latvia

The Office has the right to request necessary information from any state and municipal institution and physical and legal persons who may be aware of information relating to the violation of human rights under investigation. (Art. 6(1) Law of 5 December 1996r. on the Latvian National Human Rights Office )

Spain

During the stage of verifying and investigation of a complaint or in the case or proceedings initiated ex officio, the Ombudsman, his Deputy, or any person delegated by him may present himself at any establishment of the Public Administration, or attached thereto or responsible for a public service in order to verify any necessary information, hold relevant personal interviews or examine pertinent records and documents. (Art. 19(2) Organic Act Regarding Ombudsman)