1. Introduction
The following document sets out to provide an update to the main findings
from a comprehensive review of policing oversight across the forty-seven
Council of Europe States first set out in September 2015. The update reflects
the position of police oversight mechanisms cross the forty-seven States as of
20 February 2017. In addition to the update this introductory chapter explores
the recent history of police oversight in the Council of Europe, its origins in
legislative and other supporting instruments, and its development in case law.
The remainder of this chapter sets out the aims and objectives and the
methodology employed to conduct the original research and that undertaken
to inform the update.
The remaining two chapters incorporate a revised country-by-country review
of police oversight mechanisms, along with a critique of these approaches and
an assessment of progress with a series of recommendations made in the
original document.
1.1 Recent history of police oversight in the Council of Europe
The development of Council of Europe standards on police oversight is mainly
rooted in the absolute prohibition of torture or inhuman or degrading
treatment or punishment given effect in Article 3 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms (ECHR).
However, without an accompanying positive obligation on the State to
investigate such treatment it is unlikely that principles or standards would
have been developed and implemented.
Whilst Article 3 has driven the development of police oversight, the influence
of the Right to Life (Article 2 ECHR) on investigative mechanisms should not
be underestimated. The resulting overarching principles of police oversight
have enabled the implementation of oversight models in countries across the
47 member States, that to varying degrees deliver on their positive
obligations.
The State has a duty to take measures to prevent or punish infringements
committed by its own agents or representatives. A series of obligations on
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