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26.
Combating impunity must start at home, that is within the agency (police or prison
service, military authority, etc.) concerned. Too often the esprit de corps leads to a willingness
to stick together and help each other when allegations of ill-treatment are made, to even cover
up the illegal acts of colleagues. Positive action is required, through training and by example,
to promote a culture where it is regarded as unprofessional – and unsafe from a career path
standpoint – to work and associate with colleagues who have resort to ill-treatment, where it
is considered as correct and professionally rewarding to belong to a team which abstains from
such acts.
An atmosphere must be created in which the right thing to do is to report illtreatment by colleagues; there must be a clear understanding that culpability for ill-treatment
extends beyond the actual perpetrators to anyone who knows, or should know, that illtreatment is occurring and fails to act to prevent or report it. This implies the existence of a
clear reporting line as well as the adoption of whistle-blower protective measures.
27.
In many States visited by the CPT, torture and acts such as ill-treatment in the
performance of a duty, coercion to obtain a statement, abuse of authority, etc. constitute
specific criminal offences which are prosecuted ex officio. The CPT welcomes the existence
of legal provisions of this kind.
Nevertheless, the CPT has found that, in certain countries, prosecutorial authorities
have considerable discretion with regard to the opening of a preliminary investigation when
information related to possible ill-treatment of persons deprived of their liberty comes to light.
In the Committee’s view, even in the absence of a formal complaint, such authorities should
be under a legal obligation to undertake an investigation whenever they receive credible
information, from any source, that ill-treatment of persons deprived of their liberty may have
occurred. In this connection, the legal framework for accountability will be strengthened if
public officials (police officers, prison directors, etc.) are formally required to notify the
relevant authorities immediately whenever they become aware of any information indicative
of ill-treatment.
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