Victim involvement
77. The victim involvement principle, by ensuring the complainant’s participation in the investigation, serves to safeguard his or her legitimate interests
in the complaints system.252 In order to facilitate the involvement of a complainant, without prejudicing the interests of an officer complained against,
the IPCB or police officer responsible for handling a complaint should arrange
to liaise with the complainant. The complainant should be consulted and
kept informed of developments throughout the determination of his or her
complaint.253
78. It is important that the victim involvement principle is meaningful and
effectively applied and not empty and rhetorical. The interests of the complainant, who may have been traumatised by their experience, lacks confidence or does not understand how the police complaints system works, are
not safeguarded if he or she has difficulty communicating with the police or
IPCB about his or her complaint. Victim support and counselling should be
available to help traumatised complainants cope with their ordeal throughout
the determination of their complaint. Legal advice and representation should
be available to complainants to ensure that his or her interests are effectively
safeguarded.254
79. Adherence to the victim involvement principle, particularly when legal
representation is available, will provide a complainant with the opportunity
to scrutinise proceedings and challenge unfair and ineffective practices. It will
also enhance independence by ensuring that the complainant’s interests are
not marginalised by the interests of a powerful police service.
6.5 Resolution and review
80. In completion of the investigation report the IPCB or police investigators
responsible must exercise independent and impartial judgment in resolving the
complaint and determining whether or not it has been upheld on the evidence.
If the complainant challenges the way in which his or her complaint was handled
or the outcome there should be a right of appeal to the IPCB if investigated by
the police, and by way of judicial review if investigated by the IPCB.
252. See, for example, Güleç v. Turkey (54/1997/838/1044), Judgment 27 July 1998, § 82.
253. See, for example, Edwards v. UK (Application no. 46477/99) 14 March 2002, § 84.
254. See, for example, recommendation by the European Commission Against Racism
and Intolerance concerning complaints alleging racial discrimination, General Policy
Recommendation No. 11, On Combating Racism and Racial Discrimination in Policing, § 51.
Effective investigation of ill-treatment – Guidelines ► Page 100
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