6.0.2 Ill-treatment investigations should be evaluated by a coherent, uniform, nationwide system based on accurate statistical data relating
to the complaints made, investigations performed, judicial procedures held and punishments administered.
6.0.3 The competent authorities should continually keep the public and
law enforcement personnel informed with regard to ill-treatment
investigations that are taking place, the levels of ill-treatment being
detected, and the action taken as a result.
In order to be effective, investigative systems must be continually evaluated.
The CPT has therefore pointed to the need for a coherent system of statistical
data with which to monitor the effectiveness of investigations into ill-treatment:
“The variance in the above-quoted information makes it difficult to obtain a
clear picture of the situation. The compilation of statistical information is not
an end in itself; if properly collected and analysed, it can provide signals about
trends and assist in the taking of policy decisions. Increased co-ordination
between the Ministry of Internal Affairs and the Prosecutor’s Office is clearly
needed in this respect. The CPT invites the Bulgarian authorities to introduce
a uniform nationwide system for the compilation of statistical information on
complaints, disciplinary sanctions, and criminal proceedings/sanctions against
police officers.”197
Awareness-building efforts are also important in order to build public support
for the prevention of ill-treatment.
VII. Obligation to deter
7.1 Legislative framework
7.1.1 States should enact substantial criminal and other legislation specifically criminalizing serious ill-treatment and establishing other
responsibility for related violations.
7.1.2 The legislation adopted to prevent and punish acts of ill-treatment is
to be given full preventive effect by determining appropriate gravity
and range of sanctions consistent with the extreme seriousness of
relevant violations.
197. CPT’s Report on the visit to Bulgaria from 17 to 26 April 2002, CPT/Inf (2004) 21, para. 24.
Explanatory note ► Page 65
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