Independence
63. The existence of an IPCB with comprehensive responsibilities for oversight
of the entire police complaints system makes an important contribution to
the independence principle. IPCB responsibility for recording and allocation
of the procedure for handling a complaint is fully compliant with the expectation that in addition to practical independence there should be a lack of
institutional or hierarchical connection between investigators and the officer
complained against.229 Established criteria will be required to determine who is
to be responsible for the investigation of a complaint and who is to carry it out.
64. The seriousness of a complaint, in terms of the complainant’s experience,
the consequences for the officer complained against and the public interest,
play an important part in determining who should have responsibility for an
investigation.
65. Resources will be a factor in determining which organisation, the police
or IPCB, should carry out the investigation and bear most of the costs.
66. Examples of arrangements for IPCB and police co-operation in accordance
with the independence principle, seriousness of the complaint and resource
management implications, include:
ff IPCB to have responsibility for the investigation of a complaint carried out
by IPCB investigators in which Article 2 or 3 of the ECHR is engaged;230
ff IPCB
to have responsibility for the investigation of a complaint that
may be carried out by IPCB or police investigators in which an issue of
criminal culpability arises;
ff IPCB or police may have responsibility for the investigation of a complaint
that may be carried out by IPCB or police investigators in which an
ECHR right or freedom, except Articles 2 and 3, is engaged or an issue
of disciplinary culpability arises;
ff a complaint alleging poor or inadequate police performance, if appropriate
for investigation, to be the responsibility of the police and carried out
by police investigators;
229. See, for example, Ramsahai v. The Netherlands (Application no. 52391/99), Judgment
15 May 2007, § 325.
230. See, for example, Ramsahai v. The Netherlands (Application no. 52391/99), Judgment
15 May 2007, §§ 337 - 340.
Effective investigation of ill-treatment – Guidelines ► Page 96
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