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A practical guide to the Istanbul Protocol – for lawyers
Where they do not exist, independent police
complaints authorities or national human
rights institutions should be established,
especially where there are no special complaints units of the police to handle investigations, and these should be given full
investigatory powers. Whichever investigatory body is utilised, it is critical that it is
provided with a clear mandate and operating procedures to follow (consistent with
the “best practice” investigation suggested
above) when torture is alleged.
Prosecutors
Public prosecutors have a significant responsibility to investigate effectively complaints
of torture to ensure public confidence in
the complaints system. Prosecution offices
must be independent and free from political
interference. They work closely with the police to combat crime and this may result in
a real or perceived reluctance on the part of
the prosecution service to investigate allega136
tions against police officers. To help prevent a deferential attitude towards the police when investigating torture, there should
be a separate department within the public
prosecutor’s office mandated to investigate
complaints against the police or other public officials. This department would require
sufficient resources and training to fulfil the
specialist nature of the work.
Internal investigation departments of
the police
Police investigations of torture are often particularly problematic, mainly when there is
a lack of independence from the perpetrator
and the existence of a protective culture.137
The UN Committee Against Torture has
stated that investigations of torture and illtreatment committed by law enforcement officials should not be undertaken by or under
the authority of the police.138 It is of critical
importance for police authorities to have a
clear policy relating to the investigation of
internal complaints, internal rules and adequate supervisory mechanisms to ensure
the proper handling of complaints.
Where the police are the recipients of complaints it is vital that:
• Internal special complaints units or restructured procedures are set up so that
complaints are automatically dealt with
by units other than those whose mem139
bers stand accused
• These units be supervised at arm’s length
by the prosecutor’s office and be allowed
to exert operational independence in
practice.
Police complaints authorities and NHRCs
Police complaints authorities/oversight bodies and NHRCs with the same powers of investigation as those of the police should be
able to carry out the full range of investigatory processes including full rights of access
to places of detention, evidence and witnesses. An example of a police complaints
authority having wide powers is the office of
the Police Ombudsman for Northern Ireland
(PONI).140 Oversight and human rights bodies with strong investigatory powers should
incorporate the following practices into their
working procedures:
• Ensure that the public may make complaints in a number of ways, including in
person, by telephone, by letter, by email
and through an online complaints form
• Set out in its literature and website the
steps which will be taken in a complaint,
and ensure that all complainants are informed of the process
• Ensure powers to investigate policy and
practice issues when it is in the public
interest to do so, and to make systemic
findings and issue recommendations as
to how to improve policing.141
The vast majority of police complaints authorities and NHRCs have a more limited
role to the Northern Ireland example. Those
organisations which exercise a review and
monitoring function should:
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