investigation of a complaint in order to safeguard his/her legitimate interests.
Collectively and suitably enforced, these principles should ensure public
confidence in the policing and wider criminal justice systems.
3.3 Recommendations
According to the UN Code of conduct for Law Enforcement Officials ‘every law
enforcement agency should be representative of and responsive and
accountable to the community as a whole’28. Regardless of the state, police
behaviours and subsequent complaint procedures, serve as illustrations of
police-community relationships, accountability and the overall legitimacy of
the state. The police must be accountable to the law in the same as the
public, and therefore citizen oversight of the criminal justice system is a crucial
component in this pursuit.
Although this literature review did not critically evaluate each of the oversight
mechanisms, it did become apparent that those states, which had more robust
mechanisms, were those, which exercised strong public oversight, through
their adherence to ECHR principles and guidelines. Therefore, it may be
beneficial for states that are considering a regulatory framework for police
oversight to consider the following:
1. An opportunity for a public consultation along with a series of consultative
events with NGOs, academics and international practitioners
2. The development of any police accountability system must ensure a
comprehensive review that includes specific legislation that focuses on police
powers and complaints procedures
3. It is apparent that any form of civilian oversight should have a senior
structure (board) that is broadly representative of the entire community and
should be balanced geographically and demographically, and with respect to
the stakeholders of the police oversight process. The Board should also have a
broad range of skills, backgrounds and experience
4. The process should also include the development of police training
programmes manuals and standards for current and trainee officers;
28
UN, 1979. Resolution 169 of the 34th session of the general assembly, 34/169, Code of Conduct for Law
Enforcement Officials
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