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.
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