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criminal or disciplinary sanctions. In such cases, obedience to superior orders
cannot be used to justify misconduct.139
An independent and effective police complaints system is of fundamental
importance for the operation of a democratic and accountable police service.
Independent and effective handling of complaints enhances public trust and
confidence in the police and ensures that there is no impunity for misconduct
or ill-treatment.
4.2.1 Civil Society
It is important for overall accountability through the organs of the state to
be complemented by means by which law enforcement agencies can be held
directly accountable to civil society. There are a number of ways of achieving
this, such as the formation of local community groups and/or the involvement
of NGOs working in the criminal justice or human rights fields. The public
and NGOs could provide oversight in the form of review boards of police casework and detention monitoring. NGOs could also undertake activities such as
monitoring and reporting on law enforcement, particularly police practices
and ways of investigating cases of misconduct, organizing awareness-raising
campaigns and handing public complaints against the police. NGOs also have
a role to play in co-operating with law enforcement agencies to enhance the
respect for human rights, through contributing to reform processes and developing policy manuals and training programmes on human rights.
The degree of involvement of civil society may vary from one country to
another. Civil society oversight is crucial and the fight against terrorism cannot be used as an excuse to deny it; any factors preventing such oversight
should, therefore, be removed. When law enforcement misconduct is properly
investigated, this oversight can contribute to awareness of law enforcement
efforts to investigate and punish human rights violations and, thus, to the
building of public confidence.140
139 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, op.
cit., note 74, Principles 24 – 26.
140 Guidebook on Democratic Policing by the Senior Police Adviser to the OSCE Secretary General,
and Good Practices in Building Police-Public Partnerships by the Senior Police Adviser to the
OSCE Secretary General, op. cit., note 18, p. 25 and p. 24 respectively.
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