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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents