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Human Rights in Counter-Terrorism Investigations
Accountability also entails allowing inspection bodies access to places of
detention and police stations. These inspection bodies may be treaty-monitoring bodies established under international human rights treaties that states
have ratified, such as the United Nations Subcommittee on the Prevention
of Torture and the European Committee for the Prevention of Torture of the
Council of Europe; OSCE monitors; National Preventive Mechanisms established in states that have ratified the Optional Protocol to the UN Convention
Against Torture, or NGOs monitors. These bodies enter places of detention
to inspect material conditions and to ensure the safety and well-being of
detainees.
Some law enforcement personnel may be wary of allowing outsiders to enter
police stations without notice, to inspect detention areas or to speak in private with detainees.
There are a number of benefits to this type of external inspection:
•
It provides an extra level of protection for detainees;
•
It provides reassurance to communities, especially to ethnic and other
minorities, which may be especially important in terrorism cases;
•
It demonstrates the commitment of the police to being transparent and
open to the public, especially when civil society is involved by being part of
the National Preventive Mechanisms;
•
It improves the management of police custody facilities by highlighting
areas that need attention;
•
It helps to ensure that law enforcement activities are carried out fairly
and with respect for all; and
•
It provides protection for law enforcement agencies against malicious
allegations, in much the same way that the presence of a lawyer does.
Accountability also takes the form of independent and effective investigations, including civilian oversight, into allegations of misconduct. States have
a duty under international law to mount such investigations when torture is
alleged or police misconduct is suspected. This duty includes holding superior officers accountable when they give unlawful orders or fail to take all
measures in their power to prevent, suppress or report misconduct by their
subordinates that they were aware of or should have been. Police regulations should provide subordinates with the opportunity to refuse to execute
manifestly unlawful orders or to report misconduct without being exposed to
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