12. Determination of a complaint refers to the progress of a complaint
through all administrative non-judicial proceedings, culminating with any
recommendation made to a criminal prosecuting authority or police service.
This Opinion does not apply to the holding of any judicial or fact-finding tribunal in connection with criminal or disciplinary proceedings against a police
officer that may arise as a consequence of a complaint.
3. Delivery of policing services: general principles
13. There is broad international agreement on the administration of the
police and the delivery of policing services.213
14. Several factors contribute to the position of the police as a high profile
and respected public institution:
ff delivery of core public services;
ff high frequency of interactions with the public;
ff intensive
crime prevention, public safety and criminal investigation
information campaigns and appeals for public support and assistance;
ff network of local police stations/premises; and
ff maintenance of close connections with local communities.
15. In the interest of independent, impartial and effective delivery of policing
services, and to protect against political interference, the police are granted
a wide degree of discretion in the performance of their duties.
16. For the purpose of performing their duties, the law provides the police
with coercive powers and the police may use reasonable force when lawfully
exercising their powers.
17. As society has become more complex in recent decades, and as scientific
and technological knowledge have advanced, the special powers available to the
police for the purpose of performing their duties, and their capacity to intrude
in people’s lives and interfere with individual human rights, have increased.
213. See, for example, Council of Europe, European Code of Police Ethics; Council of Europe
Committee for the Prevention of Torture, ’The CPT Standards, Chapter IX. Combating
Impunity; United Nations, Code of Conduct for Law Enforcement Officials; Council of Europe
Joint Informal Group on Police and Human Rights, Policing in a Democratic Society; Is your
police service a human rights champion?; Organization for Security and Co-operation in
Europe, Guidebook on Democratic Policing; United Nations International Police Task Force,
Commissioner’s Guidance for Democratic Policing in the Federation of Bosnia-Herzegovina.
Effective investigation of ill-treatment – Guidelines ► Page 86
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