Moreover, the CEHRC’s Opinion suggests extending to these bodies powers to
bring charges:
“This type of independent police prosecution system could be adapted to a police
complaints system which functions under the auspices of an IPCB. Following
the example of certain European ombudsman institutions which possess powers to bring charges before the court on their own authority, the IPCB could be
granted similar powers to press criminal charges after completion of its complaints investigations. Naturally, the constitutional and legal system prevailing
in each member state would play an important part in gauging the feasibility
of such an arrangement. Particular consideration would also need to be given
to the availability of safeguards and protecting the rights of police officers as
defendants in criminal proceedings.” 186
Such an arrangement receives some support from the CPT, which has stated
that:
“[I]n the interests of bolstering public confidence, it might also be thought
appropriate that such a body be invested with the power to remit a case directly
to the CPS [Crown Prosecution Service] for consideration of whether or not
criminal proceedings should be brought.”187
The standards on arrangements designed to avert doubts in independence of
investigation of ill-treatment, other serious human rights violations or abuse
attributable to law-enforcement agencies is corroborated by the corresponding domestic developments of introducing special complaints (investigation)
mechanisms or systems. It is evident that the Independent Police Complaints
Commission for England and Wales,188 Police Ombudsman for Northern
Ireland189, Independent Police Complaints Board in Hungary,190 Norwegian
Bureau for the Investigation of Police Affairs,191 Committee P in Belgium and
other similar bodies in many jurisdictions are based on the rationale of having
particular institutional guarantees of reinforced autonomy or independence
from the police or even the executive in general.
186. CEHRC’s Opinion, para. 22.
187. The CPT’s report on the visit to the United Kingdom and the Isle of Man from 8 to
17 September 1999, CPT/Inf (2001) 6, para. 55.
188. See www.ipcc.gov.uk, accessed on 05.12.2013.
189. See www.policeombudsman.org, accessed on 05.12.2013.
190. See www.panasztestulet.hu/index.php?link=en_main.htm, accessed on 05.12.2013.
191. See www.spesialenheten.no/Mainpage/tabid/5240/language/en-GB/Default.aspx, accessed
on 05.12.2013.
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