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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