85. In some member states there is concern that the close working relationship between the police and prosecution authority in standard criminal
proceedings may undermine independence and impartiality in prosecution
practice. A major cause of concern is that co-operation between police investigators and prosecution lawyers may tarnish the independence of prosecutors
when working on cases against police officers. In an attempt to deal with this
problem specialist criminal prosecution authorities with their own investigators have been established in some jurisdictions to investigate complaints
against police officers and conduct criminal proceedings.
86. This type of independent police prosecution system could be adapted
to a police complaints system which functions under the auspices of an IPCB.
Following the example of certain European ombudsman institutions which
possess powers to bring charges before the court on their own authority, the
IPCB could be granted similar powers to press criminal charges after completion
of its complaints investigations. Naturally, the constitutional and legal system
prevailing in each member state would play an important part in gauging the
feasibility of such an arrangement. Particular consideration would also need
to be given to the availability of safeguards and protecting the rights of police
officers as defendants in criminal proceedings.
87. There are lessons to be learned from all complaints. Even when it has
been determined that a complainant did not have just cause to complain, it
will be possible to learn something about the condition of police community
relations. Statistical and empirical research and analysis of complaints is of
fundamental importance to democratic and accountable policing. An IPCB
will be ideally placed at points where police operations and community experiences intersect and, therefore, able to provide the police and public with
informed advice on how to improve the effectiveness of policing services and
police community relations. If, following the conclusion of a complaint or after
research and analysis, either the police or the IPCB consider it appropriate to
put into effect any lessons learned this should be after consultation with the
other party.
References
Council of Europe Commissioner for Human Rights (2007), There must be no
impunity for police violence, Viewpoint 3 December 2007, available at www.
commissioner.coe.int
Effective investigation of ill-treatment – Guidelines ► Page 102
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