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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