32 A practical guide to the Istanbul Protocol – for lawyers Where they do not exist, independent police complaints authorities or national human rights institutions should be established, especially where there are no special complaints units of the police to handle investigations, and these should be given full investigatory powers. Whichever investigatory body is utilised, it is critical that it is provided with a clear mandate and operating procedures to follow (consistent with the “best practice” investigation suggested above) when torture is alleged. Prosecutors Public prosecutors have a significant responsibility to investigate effectively complaints of torture to ensure public confidence in the complaints system. Prosecution offices must be independent and free from political interference. They work closely with the police to combat crime and this may result in a real or perceived reluctance on the part of the prosecution service to investigate allega136 tions against police officers. To help prevent a deferential attitude towards the police when investigating torture, there should be a separate department within the public prosecutor’s office mandated to investigate complaints against the police or other public officials. This department would require sufficient resources and training to fulfil the specialist nature of the work. Internal investigation departments of the police Police investigations of torture are often particularly problematic, mainly when there is a lack of independence from the perpetrator and the existence of a protective culture.137 The UN Committee Against Torture has stated that investigations of torture and illtreatment committed by law enforcement officials should not be undertaken by or under the authority of the police.138 It is of critical importance for police authorities to have a clear policy relating to the investigation of internal complaints, internal rules and adequate supervisory mechanisms to ensure the proper handling of complaints. Where the police are the recipients of complaints it is vital that: • Internal special complaints units or restructured procedures are set up so that complaints are automatically dealt with by units other than those whose mem139 bers stand accused • These units be supervised at arm’s length by the prosecutor’s office and be allowed to exert operational independence in practice. Police complaints authorities and NHRCs Police complaints authorities/oversight bodies and NHRCs with the same powers of investigation as those of the police should be able to carry out the full range of investigatory processes including full rights of access to places of detention, evidence and witnesses. An example of a police complaints authority having wide powers is the office of the Police Ombudsman for Northern Ireland (PONI).140 Oversight and human rights bodies with strong investigatory powers should incorporate the following practices into their working procedures: • Ensure that the public may make complaints in a number of ways, including in person, by telephone, by letter, by email and through an online complaints form • Set out in its literature and website the steps which will be taken in a complaint, and ensure that all complainants are informed of the process • Ensure powers to investigate policy and practice issues when it is in the public interest to do so, and to make systemic findings and issue recommendations as to how to improve policing.141 The vast majority of police complaints authorities and NHRCs have a more limited role to the Northern Ireland example. Those organisations which exercise a review and monitoring function should: