86
35.
To be effective, the investigation must also be conducted in a prompt and
reasonably expeditious manner. The CPT has found cases where the necessary investigative
activities were unjustifiably delayed, or where prosecutorial or judicial authorities
demonstrably lacked the requisite will to use the legal means at their disposal to react to
allegations or other relevant information indicative of ill-treatment. The investigations
concerned were suspended indefinitely or dismissed, and the law enforcement officials
implicated in ill-treatment managed to avoid criminal responsibility altogether. In other
words, the response to compelling evidence of serious misconduct had amounted to an
“investigation” unworthy of the name.
36.
In addition to the above-mentioned criteria for an effective investigation, there
should be a sufficient element of public scrutiny of the investigation or its results, to secure
accountability in practice as well as in theory. The degree of scrutiny required may well vary
from case to case. In particularly serious cases, a public inquiry might be appropriate. In all
cases, the victim (or, as the case may be, the victim's next-of-kin) must be involved in the
procedure to the extent necessary to safeguard his or her legitimate interests.
37.
Disciplinary proceedings provide an additional type of redress against illtreatment, and may take place in parallel to criminal proceedings. Disciplinary culpability of
the officials concerned should be systematically examined, irrespective of whether the
misconduct in question is found to constitute a criminal offence. The CPT has recommended a
number of procedural safeguards to be followed in this context; for example, adjudication
panels for police disciplinary proceedings should include at least one independent member.
38.
Inquiries into possible disciplinary offences by public officials may be performed
by a separate internal investigations department within the structures of the agencies
concerned. Nevertheless, the CPT strongly encourages the creation of a fully-fledged
independent investigation body. Such a body should have the power to direct that disciplinary
proceedings be instigated.
Regardless of the formal structure of the investigation agency, the CPT considers
that its functions should be properly publicised. Apart from the possibility for persons to
lodge complaints directly with the agency, it should be mandatory for public authorities such
as the police to register all representations which could constitute a complaint; to this end,
appropriate forms should be introduced for acknowledging receipt of a complaint and
confirming that the matter will be pursued.
If, in a given case, it is found that the conduct of the officials concerned may be
criminal in nature, the investigation agency should always notify directly – without delay –
the competent prosecutorial authorities.
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