53
abroad. There may be legal jurisdiction for a court to
prosecute officials from the forum state who
perpetrate torture abroad, but special procedures may
be applicable which might act to reduce the
likelihood of a case against such officials from
proceeding. For instance, torture committed by an
Australian public official or a person acting in official
capacity overseas can be prosecuted, but this requires
thorough consent from the Australian AttorneyGeneral.294 However, it may well be practical
challenges that prove the most difficult – a victim of
torture perpetrated by a foreign official may have
difficulty lodging a complaint in the home country of
that official.
VI.3 Inspection and disciplinary bodies
Many public departments which exert control over
detainees have administrative complaints bodies or
inspectorates which can investigate and sanction any
unlawful conduct. Sometimes these bodies operate in
conjunction with the penal process, and
investigations are intended to lead to prosecutions
when there is sufficient evidence. In other instances,
these bodies operate in addition to any penal process
and take on an internal, disciplinary character.
Typically, if sufficiently independent and resourced,
such bodies can contribute to the accountability
processes and act as important safeguards against
misconduct.
The UN Committee Against Torture has
recommended that certain states establish complaints
bodies or inspectorates in order to better tackle
impunity in torture cases. It did so in respect of
Spain, in relation to which it expressed concern about
the impunity and absence of effective and thorough
investigations. The Committee urged Spain ‘to create
an independent mechanism that conducts prompt, impartial
and thorough investigations as regards allegations of torture
and ill treatment carried out by law enforcement officials’.295
Inspection and disciplinary bodies are most prevalent
for the police:
i)
ii)
In France, the division of the Inspectorate
General of the National Police (Inspection générale
de la police nationale) is responsible for carrying
out administrative and judicial investigations
against the staff of the French National Police.
It has the power to investigate police officers
who fail to respect the Ethics Code of the
French National Police.296
Similarly, the Indonesian Police Agency has its
own internal inspection mechanism which can
result in disciplinary sanctions.297 An internal
trial is compulsory where police officers are
alleged to have violated ethical standards.
iii) In South Africa, the Independent Police
Investigative Directorate (IPID) can investigate
alleged criminal acts perpetrated by the South
African and Municipal Police Services.
Inspection and disciplinary processes are also
often in place for the military and there are
mechanisms which cater specifically to
allegations concerning correctional facilities,
such as the South African Judicial Inspectorate
of Correctional Services which is an
independent office controlled by the Inspecting
Judge and which acts as an independent
monitoring body to investigate deaths and a
range of abuses in correctional centres.298 Their
roles are to investigate the treatment of
detainees and conditions of detention, including
deaths in detention and allegations of torture or
inhuman or degrading punishment or
punishment in correctional centres.
iv) In England and Wales, most complaints about
the police are dealt with by professional
standards departments within the relevant police
force. However, these departments must refer
certain cases to the Independent Office for
Police Conduct which investigates the most
serious incidents and complaints. This includes
indications of misconduct by police officers and
staff (for example, that a criminal offence has
been committed or a serious injury has been
caused) or where a person has suffered a serious
injury which may have been connected to
contact with the police.
Other challenges related to the operation of such
complaints bodies are the degree to which they are
transparent and the typically more limited extent to
which they apply to the security and intelligence
services.299
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