54. Where allegations have been made of ill-treatment or misconduct, or
credible evidence is available, to a criminal justice practitioner228 or a medical
professional, he or she should be encouraged to refer the matter to the IPCB
to record.
55. The police should be able to deal with complaints on notification, pending recording by the IPCB, which:
ff are of a category that the police have responsibility for handling; and
ff the complainant wishes the police to handle without the involvement
of the IPCB.
56. The IPCB should be responsible for categorising complaints and determining the procedure for handling them. Examples of allocation decisions
when recording a complaint include:
ff take
no further action on grounds that the complainant did not have
just cause to complain;
ff take no further action on the instruction of the complainant;
ff define the complaint as a service complaint and refer to the appropriate
authority;
ff confirm the police decision to deal with the complaint pending referral
to the IPCB;
ff if
made in connection with outstanding criminal proceedings, consult
with the investigating authority responsible and determine whether the
allocation decision should await the conclusion of those proceedings;
ff refer to the police for mediation;
ff refer to the police for investigation; or
ff refer to an IPCB investigator.
6.3 Mediation process
57. A grievance that a practitioner may consider to be trivial may cause distress to a member of the public. The way in which such complaints are dealt
with is likely to influence public trust and confidence in the police complaints
system and the police.
228. See, for example, Aksoy v. Turkey (100/1995/606/694), Judgment 18 December 1996, §§ 56
and 99.
Effective investigation of ill-treatment – Guidelines ► Page 94
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