The same approach is adopted by the CPT:
“Moreover, even if the prosecutors formally responsible for preliminary investigations into allegations of police ill-treatment can be said to be independent
from the police officers dealing with such complaints, the same cannot be said
of the police officers who actually conduct those investigations. In a number
of cases examined by the delegation, the investigating criminal police officers
were employed at the same police establishment as the police officers who were
subject of the investigation. In the CPT’s view, it is axiomatic that such investigations should at least be conducted by police officers who are not attached to the
same police establishment (for example, police officers attached to a general
police inspectorate or an internal affairs department)”.110
The relationship between different officials and bodies can therefore be complex
and require detailed examination. Thus, it applies to instances when institutionally independent officials rely heavily on information provided by those
implicated or investigations carried out by the subdivisions they belong to.
“However, the Court finds it conflicting with the relevant principles of an effective investigation that the TCPO [Tbilisi City Prosecutor’s Office] relied heavily on
the information provided by the RDPO [Rustavi District Prosecutor’s Office] and
Rustavi police officers directly or indirectly implicated in the impugned events. . .”111
Often, investigators may also have a close working relationship with a particular police force. This was a concern in a Strasbourg case concerning military
prosecutors in Romania. The investigators were serving officers in the same
military structure as the police who were being investigated.112
4.1.3 Officials involved in conducting investigations and all decision-
makers must be impartial. In particular, they should not be involved
in investigations or decisions regarding the alleged victims of the
case in question.
Although the international instruments do not elaborate in detail upon the
obvious requirement of impartiality of investigators, the importance of this
requirement is clearly illustrated by the jurisprudence of the Strasbourg
Court.113 Moreover, investigators have often been found to have a dual role
110. CPT’s Report on the visit to Albania carried out from 13 to 18 July 2003, CPT/Inf (2006) 22,
para. 40.
111. Gharibashvili v. Georgia, Judgment of 29 July 2008, application no. 11830/03, para. 73.
112. See Barbu Anghelescu v. Romania, Judgment of 5 October 2004, application no. 46430/99,
para. 67.
113. See 97 members of the Gldani Congregation of Jehovah’s Witnesses and 4 Others v. Georgia,
Judgment of 3 May 2007, application no. 71156/01, para. 117.
Explanatory note ��� Page 45
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