The Independent Police Complaints Body should have oversight of the police
complaints system and share responsibility with the police for:
ff visibility and oversight of the system;
ff procedures for the notification, recording and allocation of complaints;
ff mediation of complaints that are not investigated;
ff investigation of complaints; and
ff resolution of complaints and review.
The expectation that criminal or disciplinary proceedings will be brought against
a police officer against whom there is evidence of misconduct is an important
protection against impunity and essential for public confidence in the police
complaints system. The prosecution authority, police and Independent Police
Complaints Body should give reasons for their decisions relating to criminal
and disciplinary proceedings for which they are responsible.
1. Introduction
1. In recent years the European Court of Human Rights, the Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) and the Commissioner for Human Rights have identified problems with
the way complaints against the police are handled. The jurisprudence of the
European Court of Human Rights is quickly evolving on police misconduct
and the absence of effective investigations and remedies. The CPT has found
it necessary to make recommendations on combating police impunity for illtreatment and misconduct following visits to various member states. Similarly,
the Commissioner has reported allegations of police misconduct and impunity
and made recommendations in support of independent police complaints
mechanisms in some member states.
2. In order to develop greater understanding of police complaints the
Commissioner organised two workshops in May 2008 regarding the independence and effectiveness of complaints mechanisms and the manner national
human rights structures handle complaints against the police.212
212. Expert Workshop ’Police complaints mechanisms: ensuring independence and effectiveness‘, Strasbourg, 26-27 May 2008, and Workshop ’Complaints against the police – their
handling by the national human rights structures‘, St. Petersburg, 20-21 May 2008. The
latter workshop was organised under the framework of the Joint European Union – Council
of Europe Programme ’Setting up an active network of independent non judicial human
rights structures‘, referred to as ’The Peer-to-Peer Project‘.
Appendices ► Page 83
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