had perpetrated the beating, with a view to bringing criminal proceedings against them.” 173 The CPT also supports criminal sanctions for many Article 3 breaches: “27. In many States visited by the CPT, torture and acts such as ill-treatment in the performance of a duty, coercion to obtain a statement, abuse of authority, etc. constitute specific criminal offences which are prosecuted ex officio. The CPT welcomes the existence of legal provisions of this kind.”174 Investigations into torture must therefore comply with the domestic legal framework governing criminal procedure. Other less serious violations should at least lead to disciplinary, administrative or civil responsibility in accordance with domestic law and procedure, and no ill-treatment should go unpunished.175 The CPT emphasises the important role of disciplinary procedures in the investigative system: “37. Disciplinary proceedings provide an additional type of redress against illtreatment, and may take place in parallel to criminal proceedings. Disciplinary culpability of the officials concerned should be systematically examined, irrespective of whether the misconduct in question is found to constitute a criminal offence. The CPT has recommended a number of procedural safeguards to be followed in this context; for example, adjudication panels for police disciplinary proceedings should include at least one independent member.”176 5.1.2 Alleged victims may also benefit from a standing to initiate judicial procedures without waiting for the competent authorities to do so. In certain jurisdictions, alleged victims of ill-treatment are entitled to initiate judicial processes by lodging criminal complaints. The Court has expressed reservations as to whether such processes can be relied upon in order to discharge Article 3 obligations where no ex officio investigation has been launched by the authorities: “Finally, as regards the judicial proceedings instituted after the applicant had lodged his criminal complaint against the police officers, the Court observes 173. Krastanov v. Bulgaria, Judgment of 30 September 2004, application no. 50222/99, para. 59. The same conclusion can be derived from other cases. See also Okkali v. Turkey, Judgment of 16 October 2006, application no. 52067/99, paras. 71-78. 174. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 27. 175. See for example the Court’s Judgment in Zelilof v. Greece, Judgment of 24 May 2004, application no. 17060/03, para. 58; see also Menesheva v. Russia, Judgment of 9 March 2006, application no. 59261/00, para. 68. 176. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 27; see also Guideline 5.2.1. Effective investigation of ill-treatment – Guidelines ► Page 60

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