The CPT is equally critical of informal barriers to effective investigation, such
as the wearing of masks by police or prison officers. These have the same
practical effect as formal legal obstacles:
“34. […] This practice should be strictly controlled and only used in exceptional
cases which are duly justified; it will rarely, if ever, be justified in a prison context.”155
4.4.3 Investigative bodies should have the power to suspend from service
or from particular duties persons under investigation.
4.4.4 Investigative bodies should be able to apply protective measures to
ensure that alleged victims and other persons involved in the investigation are not intimidated or otherwise dissuaded from participating in investigations.
The Guidelines do not call for those suspected of ill-treatment to be placed in
custody, but investigative bodies should at least be entitled to suspend them
and apply other measures during the investigation. The failure to suspend
suspects has been criticised by the Court:
“The Court also underlines the importance of the suspension from duty of the
agent under investigation or on trial as well as his dismissal if he is convicted (see
Conclusions and Recommendations of the United Nations Committee against
Torture: Turkey, 27 May 2003, CAT/C/CR/30/5).”156
The Istanbul Protocol provides that such measures should protect those
involved and those carrying out the investigation:
“Those potentially implicated in torture or ill-treatment shall be removed from
any position of control or power, whether direct or indirect, over complainants,
witnesses and their families, as well as those conducting the investigation.”157
The Protocol also aims to protect them “from violence, threats of violence or
any other form of intimidation that may arise pursuant to the investigation”.158
In addition, it provides a detailed outline of other elements of the relevant
framework and supporting strategies.159
155. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 34. The CPT also criticised the blindfolding of detainees, another measure that can prevent the identification
of those responsible for ill-treatment.
156. Yaman v. Turkey, Judgment of 2 November 2004, application no. 32446/96, para. 55. See
also Bekos and Koutropoulos v. Greece, Judgment of 13 December 2005, application
no. 15250/02, para. 54.
157. Istanbul protocol, para. 80.
158. Ibid, paras. 80, 88, 95, 99, 112, 113.
159. Ibid, paras. 89-97.
Effective investigation of ill-treatment – Guidelines ► Page 56
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