Inquiries
9Restrictions as to scope of inquiry
1
The Commission may not, in the course of an inquiry (including the report of the inquiry), question the findings of any court or tribunal.
2
The Commission may conduct an inquiry into the policies and practices of a particular Scottish public authority only if—
a
the authority is the only Scottish public authority with functions in relation to the subject matter of the inquiry, or
b
the subject matter of the inquiry is about whether the human rights specified in subsection (6) are being respected by the authority.
3
The Commission may not conduct an inquiry into the policies and practices of any Scottish public authority in relation to a particular case.
4
However, subsection (3) does not prevent the Commission taking such policies and practices into account in the course of an inquiry.
5
The Commission may conduct an inquiry in relation to the management or operation of a particular institution only if—
a
the institution is the only one of its kind in Scotland, or
b
the subject matter of the inquiry is about whether the human rights specified in subsection (6) are being respected at the institution.
6
The human rights referred to in subsections (2)(b) and (5)(b) are those contained in the following, so far as ratified by the United Kingdom, namely—
a
the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by Resolution 39/46 (10th December 1984) of the General Assembly of the United Nations,
b
the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, done at Strasbourg on 26th November 1987,
c
any protocol to those Conventions, and
d
such other international conventions, treaties or other international instruments as Her Majesty may by Order in Council specify for the purposes of this section.
7
No recommendation to make an Order in Council under subsection (6)(d) is to be made to Her Majesty in Council unless a draft of the Order has been laid before and approved by resolution of the Parliament.
8
In this section, “institution” means a prison, hospital, school, college, care home or other such establishment.