3. In accordance with the mandate of the Commissioner for Human Rights
to promote the awareness of and effective observance and full enjoyment
of human rights in Council of Europe member states as well as to provide
advice and information on the protection of human rights (Articles 3 and 8 of
Resolution (99) 50 of the Committee of Ministers), the Commissioner issues this
Opinion concerning independent and effective determination of complaints
against the police.
2. Definitions
In this Opinion the following definitions apply.
4. Police refers to traditional police forces or services and other publicly
authorised and/or controlled services granted responsibility by a State, in full
adherence to the rule of law, for the delivery of policing services. While private
institutions, a private security company for example, may also provide policing
services, this Opinion is not intended to apply to such organisations.
5. Policing services refers to the responsibilities and duties performed by
the police to protect the public, including:
ff preserving the peace;
ff enforcing the law;
ff preventing and detecting crime;
ff protecting human rights.
Such services should be delivered in accordance with principles of fairness,
equality and respect for human rights.
6. Complaint refers to a grievance about a police service or the conduct of
a police officer that has been made known to the appropriate authority, which
may be the police service concerned or an independent police complaints
body. This Opinion principally applies to complaints made about the conduct
of police officers. Complaints made about policing standards, operational
instructions or the policy of a police service will be referred to in this Opinion
as ‘service complaints’ in order to distinguish them from conduct complaints. In
recognition of the importance attached to service complaints, particularly with
regard to the expectation that all complaints will be taken seriously, handled
appropriately and for the purpose of lesson-learning, reference will be made
in this Opinion to service complaints where relevant to the maintenance of
public trust and confidence in the police complaints system.
Effective investigation of ill-treatment – Guidelines ► Page 84
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