Guidebook 5.2. COMPLAINTS HANDLING AND PARTICIPATION IN COURT PROCEEDINGS Engaging with courts PARIS PRINCIPLES The Paris Principles provide that NHRIs should have an advisory function but do not contain any explicit reference on the participation of NHRIs in court proceedings. Many NHRIs have the power to intervene in court proceedings as one means of undertaking this function. Moreover, Article 3 (3) (e) of the Paris Principles explicitly provides that NHRIs have the responsibility to cooperate with the United Nations and any other organization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the area of the protection and promotion of human rights. Many NHRIs use this provision to justify their mandate to intervene in international and regional court proceedings. NAIROBI DECLARATION Additional guidance is included in the Nairobi Declaration which encourages NHRIs to contribute to the promotion of the role of the judiciary in promoting and protecting human rights by not only providing recommendations to strengthen the legal system and judiciary, but also by promoting ‘adherence and compliance of the judiciary to international human rights norms, including through amicus [curiae] and legal education'. CRPD, ART 33 ‘Protection activities include … referring cases to the courts; participating in judicial proceedings’ Besides handling individual complaints, NHRIs have several other ways to protect the individual rights of suspects and accused. This may include referring cases to competent authorities, initiating procedures before courts or lodging appeals, as well as intervening in legal proceedings. These are formal ways for NHRIs to engage with courts, governed by clear legal procedures and acknowledging the importance of the principle of judicial independence.393 5.2.1. Referring cases to other competent authorities Given the nature of their quasi-judicial powers, NHRIs will inevitably receive individual complaints that they do not have the competence to deal with. Their practice should be to refer such complaints to the appropriate body.394 A referral by NHRIs may increase the probability of a sanction, although all decision is ultimately with the judiciary.395 5.2.2. Right to initiate proceedings and lodge appeals Some NHRIs are mandated to initiate legal proceeding. When it comes to initiate criminal proceedings, NHRIs may have the power to demand to initiate criminal investigations or police inquiries in cases involving offences prosecuted ex officio. However, only few NHRIs have this power (e.g. Poland and Finland) and also those who have it seem to use it very rarely, hence, no concrete example could be found over the course of the project. Poland The Polish NHRI is entitled to demand that criminal proceedings (i.e. an investigation or inquiry) be initiated by a competent prosecutor in cases involving offences prosecuted ex officio.396 Finland VENICE PRINCIPLES 19(2) The Ombudsman shall preferably be entitled to intervene before relevant adjudicatory bodies and courts 98 The Ombudsman may order that a police inquiry, as referred to in Police Act (493/1995) or pre-trail investigation, as referred to in the Pre-Trial Investigation Act (449/1987) be carried out in order to clarify a matter under investigation by the Ombudsman.397 99