ff IPCB to have responsibility for the investigation of an incident, recorded
in the absence of a complaint, which may be carried out by IPCB or
police investigators.
Adequacy
67. The adequacy principle has been developed to ensure that police
complaints investigations are effective and capable of bringing offenders to
justice.
68. Adherence to the rule of law requires that a complaints investigation
into the conduct of an officer must be carried out in accordance with the
same procedures, including safeguards for the officer complained against,
that apply for a member of the public suspected of wrongdoing.
69. Requirements of a thorough and comprehensive police complaints
investigation include:
ff taking a full and accurate statement from the complainant covering all
of the circumstances of their complaint;231
ff making
reasonable efforts to trace witnesses, including members of
the public232 and police officers,233 for the purpose of obtaining full and
accurate statements;234
ff where issues of criminal culpability may arise, interviewing police officers
accused or suspected of wrongdoing as a suspect entitled to due process
safeguards,235 and not allowing them to confer with colleagues before
providing an account;
ff making
reasonable efforts to secure, gather and analyse all of the
forensic236 and medical evidence;237
231. See, for example, Cobzaru v. Romania (Application no. 48254/99), Judgment 26 July 2007,
§ 71.
232. See, for example, Ognyanova v. Bulgaria (Application no. 46317/99), Judgment
23 February 2006, § 110.
233. See, for example, Velikova v. Bulgaria (Application no. 41488/98), Judgment 18 May 2000,
§ 79.
234. See, for example, Assenov v. Bulgaria (90/1997/874/1086), Judgment 28 October 1998,
§ 103.
235. See, for example, Ramsahai v. The Netherlands (Application no. 52391/99), Judgment
15 May 2007, § 330.
236. See, for example, Ramsahai v. The Netherlands (Application no. 52391/99), Judgment
15 May 2007, § 329.
237. See, for example, Aksoy v. Turkey (100/1995/606/694), Judgment 18 December 1996, § 56.
Appendices ► Page 97
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