42 A practical guide to the Istanbul Protocol – for lawyers 3. NATIONAL APPLICATION a. Remedies at the national level Criminal proceedings A person alleging that a public official has tortured him/her can generally seek to initiate criminal proceedings by making a complaint to the police, the local public prosecutor or a local court. In many domestic legal systems, a prosecution will only be opened if the public prosecutor decides that it is appropriate, and a victim cannot directly institute proceedings. Military personnel can generally be prosecuted in the same way as any other official, but may be subject to special internal military discipline, including the possibility of court-martial (trial before a military court applying military law). In some systems, it may be possible to pursue compensation claims in the course of the criminal proceedings. Civil proceedings Civil proceedings might be based on provisions in a national code of obligations, some form of legislation or on the common law. These provisions deal with many different issues, but they all involve a breach of some sort of general duty that everyone has, to exercise care in their relations with others. In general, civil proceedings are resorted to where an individual wishes to obtain compensation, usually financial, from the person responsible. The proceedings are judicial in nature and take place in the ordinary courts. Human/fundamental rights proceedings in national courts If the country has incorporated human rights principles into its national legislation, e.g. through a Constitution, a Bill of Rights or through legislation which allows international treaties to be enforced in domestic courts, then a case could be taken to the appropriate court for a declaration of a violation in a particular case or pattern of cases. It is also possible that a claim for compensation could be made on behalf of the victim(s). Such actions may have to be taken to a specific court, e.g. a constitutional court, and arguments based on human rights principles may support applications in other types of cases. National Human Rights Institutions/ Commissions (NHRCs) Most countries in Africa, the Middle East and other parts of Asia have preferred to establish national human rights institutions, instead of police complaints authorities. Such institutions have also been set up in a few countries in Latin America and Europe, as well as Canada. While the Principles relating to the status of national institutions (Paris Principles) serve as a point of reference for the establishment of NHRCs,184 in practice NHRCs differ considerably in virtually all respects. In some cases, NHRCs may be able to investigate human rights violations on their own motion; in others they have only been vested with the mandate to carry out (initial) investigations into human rights violations that amount to criminal conduct. It is common for NHRCs to receive reports or complaints from individuals or groups concerning the incidence of grave violations of human rights, including torture, and conduct an inquiry. There is usually no time limit for bringing complaints and if the commissions consider there to be sufficient preliminary evidence, a summary of the findings or a recommendation will be submitted to the competent authorities. Ombudsman institutions The institution of the Ombudsman was first established in Sweden as early as 1809 to ensure accountability of the public administration. There has since been a proliferation of Ombudsman institutions, referred to as the Public Defender (Defensor del Pueblo) in Spain and some countries in Latin America. The term Ombudsman has also been employed by bodies that are, by their nature, closer to human rights commissions or police complaints authorities. While some