investigation should be opened into a complaint; the CPT welcomes such an
approach. However, it is not unusual for the day-to-day responsibility for the
operational conduct of an investigation to revert to serving law enforcement
officials. The involvement of the prosecutor is then limited to instructing
those officials to carry out inquiries, acknowledging receipt of the result, and
deciding whether or not criminal charges should be brought. It is important
to ensure that the officials concerned are not from the same service as those
who are the subject of the investigation. Ideally, those entrusted with the
operational conduct of the investigation should be completely independent
from the agency implicated. Further, prosecutorial authorities must exercise
close and effective supervision of the operational conduct of an investigation
into possible ill-treatment by public officials. They should be provided with
clear guidance as to the manner in which they are expected to supervise such
investigations.
33. An investigation into possible ill-treatment by public officials must
comply with the criterion of thoroughness. It must be capable of leading to
a determination of whether force or other methods used were or were not
justified under the circumstances, and to the identification and, if appropriate,
the punishment of those concerned. This is not an obligation of result, but
of means. It requires that all reasonable steps be taken to secure evidence
concerning the incident, including, inter alia, to identify and interview the
alleged victims, suspects and eyewitnesses (e.g. police officers on duty, other
detainees), to seize instruments which may have been used in ill-treatment,
and to gather forensic evidence. Where applicable, there should be an autopsy
which provides a complete and accurate record of injury and an objective
analysis of clinical findings, including the cause of death.
The investigation must also be conducted in a comprehensive manner. The
CPT has come across cases when, in spite of numerous alleged incidents
and facts related to possible ill-treatment, the scope of the investigation was
unduly circumscribed, significant episodes and surrounding circumstances
indicative of ill-treatment being disregarded.
34. In this context, the CPT wishes to make clear that it has strong misgivings
regarding the practice observed in many countries of law enforcement officials
or prison officers wearing masks or balaclavas when performing arrests, carrying out interrogations, or dealing with prison disturbances; this will clearly
hamper the identification of potential suspects if and when allegations of
ill-treatment arise. This practice should be strictly controlled and only used
Appendices ► Page 77
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