Failures of the investigation conducted by the UK authorities in this case are illustrative as to what actions may be required to enable State authorities to discharge their obligations with regard to the effective and independent investigation of complaints against the police. There were failures in the investigation into the death of Mr Alder in police custody in that; x x x x x x It was carried out by a neighbouring police force rather than an independent body; blood samples, officers’ clothing and Mr Alder’s clothing were all destroyed without being tested; subsequent investigations were compromised by insufficient initial protection of potential evidence; the cause of Mr Alder’s death was never definitively established; whether Mr Adler had been assaulted by any of the officers was not established; and, the (later established) Independent Police Complaints Commission concluded that despite flaws in the original investigation and findings of “quite obvious neglect of duty” and “unwitting racism” – no further action could be taken against the police. The UK government later contended that developments after the death of Mr Alder would assist in leading to the prevention of the sorts of circumstances that surrounded the death. It is these developments that illustrate some further elements of what actions may provide for effective and impartial investigations and which link directly to principles of police oversight. They included; x x x x x x Legislative reform – creating a new police complaints system which compelled the police to refer all deaths or serious injuries following contact with the police to an Independent Police Complaints Commission (IPCC); powers for the IPCC to independently conduct its own investigations; all the powers of a police officer to be conferred on IPCC investigators in conducting an investigation; powers for the IPCC to openly publish the findings of their investigations; revised police conduct regulations to cover the management of discipline cases against police officers; and, provision of guidance to police officers working in custody environments, including requirements to make risk assessments 12. 12 The Association of Chief Police Officers and the Home Office “Guidance on the Safer Detention & Handling of Persons in Police Custody” 2006 7

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