CEDAW/C/74/D/126/2018
unmeritorious. The inquiry involves a factual investigation, and recommendations
will be made on the future deployment of undercover policing. An issue as complex
as undercover policing, dating back to 1968, requires thorough and sensitive factual
investigation before it may be considered at the policy level. The time that is being
taken for the inquiry, the approach to legal representation and the management of
information and evidence are, therefore, reasonable in the light of the scale an d
complexity of the task. That the inquiry is a relevant domestic remedy is not
undermined by the authors’ criticism of the timing or by their criticism that they have
only one set of lawyers or that they may not have unrestricted access to “the full
contents of their police or special branch files; only the content of the files which the
Inquiry considers to be relevant and necessary to the Inquiry’s terms of reference”.
Regarding the authors’ assertion that the recommendations of the inquiry may or may
not relate to some of the remedies that they seek, this does not assist the authors,
because they have chosen to submit their communication while the inquiry is ongoing
and at a time when no recommendations have yet been made. Moreover, the authors
have the opportunity, as core participants in the inquiry, to make submissions on what
should be recommended as part of the inquiry. Lastly, the contention that there is no
power, under the inquiry, to ensure that its recommendations are enacted does not
negate the fact that it is a legitimate and important part of the process by which the
State party is considering the future of undercover policing and a mechanism through
which the authors may obtain information, documents and recommendations.
4.10 Second, the authors lack victim status with respect to their argument that the
legislative framework allows and enables similar violations to occur. The authors
obtained effective redress for the harm that they suffered by settling their claims. The
authors are not victims solely because they consider that there are defects in the
legislative framework in circumstances that do not affect them.
4.11 Third, although the authors argue that the public apology is undermined by the
lack of assurances by the police that the disputed conduct will not reoccur, it is hardly
surprising that there is a range of views on undercover policing. That range of views
explains why the State party has made such significant efforts to investigate the
matter, including through the inquiry. The inquiry involves, among other things,
assessing the adequacy of the justification, authorization, operational governance and
oversight of undercover policing; the selection, training, management and care of
undercover police officers; and the statutory, policy and judicial regulation of
undercover policing.
4.12 Fourth, while none of the police officers involved or their superiors has been
criminally prosecuted, the reasoning of the Crown Prosecution Service is explained
in the documents annexed to the communication. As a result of the ongoing Operation
Herne, the officer who had relations with D.L. and T.B. has been dismissed from the
police for gross misconduct. Because D.L. does not appear to have taken legal steps
to challenge the decision of the Crown Prosecution Service, the lack of prosecution
may not be criticized.
4.13 The communication is also inadmissible because all seven authors lack victim
status. As with the author in X. v. Austria, each author settled her national civil claims.
The authors each received substantial damages, payment for legal costs and a public
apology.
4.14 Moreover, the authors’ attempt, now, to impugn the settlement is unmeritorious,
for the following reasons: (a) they were legally represented at all material times and
chose to accept the settlement offers, which they must have been advised were
reasonable, at the very least; (b) they chose, by agreeing to settle, to forego the
opportunity to press for or obtain disclosure or a court ruling; (c) they chose the terms
10/15
19-22187