in exceptional cases which are duly justified; it will rarely, if ever, be justified
in a prison context.
Similarly, the practice found in certain countries of blindfolding persons in
police custody should be expressly prohibited; it can severely hamper the
bringing of criminal proceedings against those who torture or ill-treat, and
has done so in some cases known to the CPT.
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 illtreatment 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
ill-treatment, 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.
Effective investigation of ill-treatment – Guidelines ► Page 78
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