firstly that the judicial investigation was not launched ex officio by the competent authorities but only after the applicant had lodged a criminal complaint.”177
However, it has observed that:
“If an applicant nonetheless takes over the prosecution and obtains a trial against
officers accused of ill‑treatment, those proceedings become an inherent part
of the case and must be taken into account (see V.D. v. Croatia, no. 15526/10,
§ 53, 8 November 2011; Butolen v. Slovenia, no. 41356/08, § 70, 26 April 2012;
and Otašević, cited above).”178
Where judicial procedures result only in the payment of compensation and
not in the punishment of those responsible for ill-treatment, they cannot be
considered part of a system for the effective investigation of ill-treatment.179
5.2 Investigative systems
5.2.1 The various forms of investigation should be incorporated into a
coherent and interactive system.
In most jurisdictions, criminal, disciplinary and administrative proceedings are
carried out under different legal frameworks and by separate authorities. The
complexity of ill-treatment cases often demands a consolidated or parallel
approach that involves significant interaction between these frameworks. The
Strasbourg Court underlines the need for such parallel action:
“The Court notes that neither pending the criminal investigation nor when the
results of the criminal proceedings were known were any disciplinary measures
taken in respect of the police officers (to compare with Fazıl Ahmet Tamer and
Others v. Turkey, no. 19028/02, § 97, 24 July 2007).”180
The CPT has also stressed the importance of an interaction between the
criminal, administrative and disciplinary areas.181
177. Zelilof v. Greece, Judgment of 24 May 2004, application no. 17060/03, para. 62.
178. Lakatoš and Others v. Serbia, Judgment of 7 January 2014, application no. 3363/08, para. 80.
179. Krastanov v. Bulgaria, Judgment of 30 September 2004, application no. 50222/99, para. 60.
See also Guideline 1.2.4 and related comments.
180. Ali and Ayşe Duran v. Turkey, Judgment of 8 April 2008, application no. 42942/02, para. 70.
See also Okkali v. Turkey, Judgment of 16 October 2006, application no. 52067/99, para. 71.
181. CPT’s Report on the visit to Albania carried out from 13 to 18 July 2003, CPT/Inf (2006) 22,
para. 38. This resulted in the recommendation that “disciplinary culpability of law enforcement officials involved in instances of ill-treatment should be systematically examined,
irrespective of whether the misconduct of the officers concerned constitutes a criminal
offence” Ibid, para. 41. See also para. 27 of the 14th General Report on the CPT’s activities.
Explanatory note ► Page 61
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