and investigations are intended to lead to prosecutions when there is sufficient evidence. In other instances, these bodies operate in addition to any penal process and take on an internal, disciplinary character. If sufficiently independent and resourced, such bodies can contribute to the accountability processes and act as important safeguards against misconduct.233 105. International standards require “a separate investigative mechanism or unit that is capable of carrying out effective criminal investigations and prosecutions of allegations of torture and other ill-treatment committed by public officials and which operates independently both of the authorities accused of having perpetrated the crimes and of the authorities responsible for prosecuting the person alleging torture.”234 106. In an OSCE participating State in Western Europe, most complaints about the police are dealt with by professional standards departments within the relevant police force. However, these departments must refer certain cases to the Independent Office for Police Conduct (IOPC), which investigates the most serious incidents and complaints. This includes indications of misconduct by police officers and staff or about situations where a person has suffered a serious injury in the course of contact with the police. The IOPC can initiate investigations independently, without the need for police involvement in investigative activities.235 107. As a promising practice, several OSCE participating States have conducted investigations into allegations of torture committed outside of their territory, in accordance with the principle of universal jurisdiction236 recognized in the Geneva Conventions of 1949 and enshrined in the Convention against Torture.237 233 234 235 236 Fair Trials and REDRESS, op. cit., note 26, p. 53. UN Committee against Torture, op. cit., note 226, para. 10. Referring to the United Kingdom. The term “universal jurisdiction” refers to the idea that a national court may prosecute individuals for serious crimes against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or international order itself, which individual States may act to protect. Generally, universal jurisdiction is invoked when other, traditional bases of criminal jurisdiction are not available, for example: the defendant is not a national of the State, the defendant did not commit a crime in that State’s territory or against its nationals, or the State’s own national interests are not adversely affected. 237 TRIAL International, “Universal Jurisdiction Annual Review 2020”, referring to Austria, Belgium, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Spain, Sweden, Switzerland, the United Kingdom and the United States. 62

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents