Guidebook
CONCLUSIONS
6. CONCLUSIONS
After an overview of the key standards on procedural rights as well as the
mandate and practice of EU NHRIs, this part concludes the Guidebook by
identifying the main recommendations for a greater involvement of NHRIs
in the promotion and protection of the procedural rights of suspects and
accused in criminal proceedings.
1.
Prioritize the rights of suspects and accused in
criminal proceedings in your strategies.
Although almost all NHRIs have worked on procedural safeguards in criminal proceedings in a way or another, criminal procedural rights do not
seem to be among the strategic priorities of NHRIs, and sometimes they
are even perceived to fall outside their mandate.
• Procedural rights are ‘gateway rights’ or in other words crucial safeguards to ensure the respect of a numerous human rights, including
the prohibition of torture and ill-treatment, the right to a fair trial, and
the right to liberty and security.
• The Paris Principles empower NHRIs to deal with all human rights in the
widest sense, including the rights of suspects and accused in criminal
proceedings. Moreover, procedural rights are defined as ‘core protection issues’.
2.
Make sure that no rights are overlooked and stand up to
safeguard the rights of those who fall outside the
protection of other institutions or have no other lobby
Often the biggest challenge in the promotion and protection of procedural rights is that suspects and accused are seen only as subjects of ‘ordinary
criminal law’ but not as human rights holders. There is a risk that those
rights are forgotten and overlooked.
• Due to their broad mandate, NHRIs are ideally placed to safeguard the
rights of those who fall outside the protection of other institutions or
those who have no other lobby
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• NHRIs should promote the universal applicability of human rights standards to all persons and raise awareness on the fact that the procedural rights of suspects and accused are human rights
3.
Interpret your mandate broadly - NHRIs are empowered to
address all public authorities, including also the police
and the judiciary; as well as private entities (e.g. bar
associations, interpreters associations etc.)
Some NHRIs are reluctant to work on procedural rights as they see it as an
interference with the judiciary.
• NHRIs with complaints handling mandate should have the power to
receive complaints on criminal procedural rights, at a very minimum
when they concern the investigation phase, i.e. proceedings before
the police and the pre-trial phase. If the national laws limit NHRIs’ competence to receive complaints when the same case is simultaneously
pending before a court, the laws should also provide for a number of
exceptions, such as ‘excessively long proceedings’, ‘evident abuse of
authority’, ‘in cases of manifest abuse of power’, which should be interpreted broadly.
• The fact that an individual complaint is inadmissible or that the NHRI
does not have a complaint handling mandate should never prevent the
NHRI from investigating the more general human rights issues arising
from the case. As recommended by Amnesty International, “[t]he fact
that a complaint has been charged and a criminal prosecution is under way should not be a pretext for stopping NHRIs from acting on a
complaint, or taking any other action within their mandate to address
human rights concerns. Where prosecutions are pending, the NHRI
should not consider the substance of the criminal charge, but should
be able to look at ancillary matters relating to human rights of the accused person, for example, allegations that he or she has been tortured while in custody.”
• Further guidance by international bodies on the role of NHRIs vis-à-vis
the judiciary is recommended.
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