Guidebook Ways to cross-check information may include additionally e.g.: »» Interviewing different detainees persons deprived of their liberty. In this regard, a CPT representative mentioned that they often interview different detainees that have never met/are in different facilities, and if all allegations correspond then they find allegations to be highly credible.369 »» Interviewing and/or gathering information from other sources including for example ministries of justice, health and finance; prosecutors; judges; magistrates; professional associations; legal aid providers; trade unions of police officers and prison guards; civil society organizations; faith-based organizations; the media.370 »» If available, reviewing files and registers in the place of detention and audio-video recordings. »» Gathering information from individual complaints, e.g. the number of similar complaints behind an allegation that can indicate a systematic problem in practice. »» Using other methods such as thematic visits, thematic reports, surveys etc. COMPLAINTS HANDLING AND PARTICIPATION IN COURT PROCEEDINGS 5. COMPLAINTS HANDLING AND PARTICIPATION IN COURT PROCEEDINGS Key points 1 Where the mandate to handle individual complaints lies with another domestic human rights bodies, the NHRI should ensure close cooperation and coordination with those bodies, e.g. by exchanging information as well as following up on their recommendations. 2 Although the important principle of the independence of the judiciary should always be safeguarded, NHRIs with complaints handling mandate should have the power to receive complaints on criminal procedural rights at a minimum concerning the investigation phase, e.g. police proceedings. If the national laws provide for exceptions in which the NHRIs can receive individual complaints when a case is simultaneously pending before a court, such as ‘excessively long proceedings’, ‘evident abuse of authority’, ‘in cases of manifest abuse of power’, these should be interpreted broadly. In any event, the fact that an individual complaint is inadmissible should never prevent the NHRI from tackling the more general human rights issues arising from the case. 3 All NHRIs should be active in promoting the adherence and compliance of the judiciary to international human rights norms and should support the judiciary to protect and promote human rights. To this aim, NHRIs could for example: »» Refer cases to the attention of the judicial authority »» Initiate proceedings before courts and/or lodge appeals »» Intervene as third parties in legal proceedings at the national, regional and international level United Kingdom An interesting example comes from the UK the Criminal Justice Inspection Northern Ireland which (within its NPM mandate) conducted a ‘survey of prisoners’. The survey posed a series of questions about the prisoners´ most recent experience of police custody. It included questions on procedural safeguards, such as the right of access to a lawyer, right to information and right to interpretation. Based on the ‘survey of prisoners’, the NPM published a report depicting the experiences of the prisoners also in relation to ensuring their procedural safeguards in police custody.371 Croatia The Croatian NPM cross-checks the information received by inmates against police custody records and interviews with police officers. In additional, medical files are cross cross-checked against the relevant documentation in police stations and interviews with medical staff. 92 These proceedings are formal avenues of cooperation between the NHRIs and the judiciary that acknowledge a clear divisions of roles and ensure the respect of the court’s independence. In doing so, NHRIs should make full use of EU laws and procedures in exercising their mandate. 93

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