The CPT guidelines in this area are more general, requiring only that persons
who may have been the victims of ill-treatment by public officials are not dissuaded from lodging or pursuing a complaint.160 More standards are suggested
in its country-reports. The CPT requires that investigative activities concerning
such complaints should be carried out in a safe environment. Alleged victims
should under no circumstances be returned to the custody of those alleged to
have mistreated them during the investigation.161 Any law enforcement official
who is the subject of an investigation concerning his possible involvement in
the ill-treatment of a detained person should be transferred to other functions
which do not involve questioning detained persons or other direct contact
with them, pending the outcome of the investigation.162
The Court is also attentive to indications that victims have been compelled to
withdraw their complaints or otherwise dissuaded from pursuing them. Thus,
it maintains that a withdrawal of allegations does not necessarily mean that
an investigation should not still be carried out. The withdrawal must be taken
together with all other relevant circumstances and evidence.163
4.5 Victim involvement and public scrutiny
The relevant international standards emphasise the need for victim involvement, particularly from the standpoint of the public scrutiny requirement.
Thus, the CPT has endorsed the case law of the Court164 in stating that:
“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.”165
160. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 39.
161. CPT’s Report on the visit to Albania from 23 May to 3 June 2005, CPT/Inf (2006) 24, para. 52.
See also Appendix I to the CPT’s Public Statement of 13 March 2007 concerning the Chechen
Republic of the Russian Federation, CPT/Inf (2007) 17, para. 53.
162. See CPT’s Report on the visit to Russia carried out from 27 April to 6 May 2011, CPT/Inf
(2013) 1, para. 30.
163. Chitayev and Chitayev v. Russia, Judgment of 18 January 2007, application no. 59334/00,
para. 164.
164. See Bati and Others v. Turkey, Judgment of 3 June 2004, applications nos. 33097/96 and
57834/00, para. 137.
165. 14th General Report on the CPT’s activities, CPT/Inf (2004) 28, para. 36.
Explanatory note ► Page 57
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