Key principles: The Complaints System
1. Complainants should be given a clear explanation of the criteria for
accepting complaints and a step-by-step guide detailing how they will
be addressed, and the standard of service and outcomes they might
receive;
2. the complainant should be informed of the resolution of his or her
complaint; and,
3. a complainant should have the right to challenge the way in which his
or her complaint was handled or resolved through a right of appeal to
the police oversight body;
Key principles: Effective Investigation
1. For the investigation into death or possible ill-treatment to be effective,
it is considered important that the persons responsible for carrying it
out would be independent from those implicated in the events. It is
important to ensure that the officials concerned are not from the same
service as those who are the subject of the investigation. Ideally, those
entrusted with the operational conduct of the investigation should be
completely independent from the agency implicated;
2. the police oversight body must ensure that a complainant, member of
the public adversely affected or the relative of someone who has died
following contact with police officers or law enforcement officials is
involved in the process to the extent necessary to safeguard his or her
legitimate interests18;
3. where appropriate the police oversight body should have the power to
refer or to recommend referral of allegations of misconduct by police
officers or law enforcement officials to the body or bodies with the
competence to take disciplinary action or to take those steps itself;
4. the police oversight body should have the power to submit to the
government, parliament and/or other competent body, opinions,
recommendations, proposals and reports on matters within its
competence and to make recommendations designed to improve
policing or other law enforcement activities and to try to ensure that
any wider lessons are learnt from investigations of alleged misconduct
by police officers and law enforcement officials;
18
Paragraph 36 of Chapter IX, Combating Impunity, of “The CPT Standards” CPT/Inf/E (2002) Rev. 2006. See also the
ECHR case of Jordon v UK, paragraph 109 and Edwards v UK (2002) 35 EHRR 487 at paragraph 84.
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