2.3.7 Where requested, public authorities should be required to register all representations which could be deemed to constitute complaints. An appropriate
form should be introduced for acknowledging receipt of each complaint
and confirming that the matter will be pursued.
2.3.8 Inspection and monitoring mechanisms empowered to determine representations of ill-treatment should also adhere to these Guidelines.
2.3.9 Individuals who come into contact with law enforcement authorities
should be fully informed of their rights that counter ill-treatment and of
the mechanisms and procedures that are available to them.
III.
The investigation: grounds and purposes
3.1 Grounds for investigation
3.1.1 The obligation to initiate an investigation arises when the competent
authorities receive a plausible allegation or other sufficiently clear indications that serious ill-treatment might have occurred. An investigation should
be undertaken in these circumstances even in the absence of an express
complaint.
3.1.2 It is mandatory to conduct an investigation when confronted with credible
accounts of physical or psychological abuse, excessive use of force, or other
forms of serious (deliberate) ill-treatment.
3.1.3 Particular care must be taken in probing possible racial or other discriminatory motives that may lie behind ill-treatment.
3.1.4 Investigations into ill-treatment which do not fall into the mandatory categories must meet the same standards on effectiveness.
3.1.5 Decisions to terminate or to refuse to initiate investigations into ill-treatment
can be taken only by an independent and competent authority upon
thorough and prompt consideration of all the relevant facts. Such decisions
should be subject to appropriate scrutiny and challengeable by means of
a public and adversarial judicial review process.
3.2 Principal purposes of investigations
3.2.1 Effective investigation requires genuine efforts to be made to properly
establish the relevant facts and, where appropriate, to identify and punish
those responsible for ill-treatment.
3.2.2 Investigating authorities could also be tasked with identifying and implementing measures to prevent recurrences of ill-treatment.
Effective investigation of ill-treatment – Guidelines ► Page 12