ff pursuing
lines of inquiry on grounds of reasonable suspicion and not
disregarding evidence in support of a complaint238 or uncritically accepting
evidence, particularly police testimonies,239 against a complaint;240
ff investigating complaints of police discrimination or police misconduct
on grounds of race,241 ethnicity, religion, belief, gender, gender identity,
sexual orientation, disability, age or any other grounds; and
ff in
recognition of the difficulties involved in proving discrimination
investigators have an additional duty to thoroughly examine all of the
facts to uncover any possible discriminatory motives.242
Promptness
70. The promptness principle stresses the need for timeliness and that fair
and effective complaints investigations must be undertaken promptly and
expeditiously.243 Delay may result in the loss of crucial evidence and failure
to conduct an adequate investigation.244
71. Failure to conduct a complaints investigation in a prompt and reasonably expeditious manner may give the appearance that there is a reluctance
to investigate or of collusion between investigators and officers complained
against to conceal wrongdoing.245 Delay may be unfair to the officer complained
against and amount to an abuse of process, which may result in failure to
bring an offender to justice despite the existence of incontrovertible evidence
against him or her.246
238. See, for example, Aydin v. Turkey (57/1996/676/866), Judgment 25 September 1997§ 98.
239. See, for example, Kaya v. Turkey (158/1996/777/978), Judgment 19 February 1998, § 89.
240. See, for example, Cobzaru v. Romania (Application no. 48254/99), Judgment 26 July 2007,
§ 72.
241. See, for example, Nachova v. Bulgaria (Application nos. 43577/98 and 43579/98), Judgment
6 July 2005, §§ 162-168; and recommendation by the European Commission Against
Racism and Intolerance concerning complaints alleging racial discrimination, General Policy
Recommendation No. 11, On Combating Racism and Racial Discrimination in Policing, § 51.
242. See, for example, Nachova v. Bulgaria (Application nos. 43577/98 and 43579/98), Judgment
6 July 2005, §§ 160-164.
243. See, for example, Ognyanova v. Bulgaria (Application no. 46317/99), Judgment 23 February
2006, § 114.
244. See, for example, Aydin v. Turkey (57/1996/676/866), Judgment 25 September 1997 § 108.
245. See, for example, Ramsahai v. The Netherlands (Application no. 52391/99), Judgment
15 May 2007, § 330.
246. See, for example, Bati v. Turkey (Application nos. 33097/96 and 57834/00), Judgment
3 June 2004, § 147.
Effective investigation of ill-treatment – Guidelines ► Page 98
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents