7. In the event that Article 2 of the ECHR, the right to life, or Article 3, the
prohibition of torture, inhuman or degrading treatment or punishment, is
engaged, the jurisprudence of the European Court of Human Rights requires
that an investigation will be carried out irrespective of whether or not a complaint is made against the police. In this Opinion a serious incident of this type
will be referred to as a complaint that must be investigated in accordance with
the five ECHR principles of effective police complaints investigation.
8. Five ECHR principles of effective police complaints investigation
– independence, adequacy, promptness, public scrutiny and victim involvement - refers to requirements developed in the jurisprudence of the European
Court of Human Rights for the investigation of serious incidents involving the
police that engage Article 2 or 3 of the ECHR (see below, Paragraph 30).
9. Complainant refers to a person who has made a complaint against the
police or a person who did not make a complaint but was a victim, or in the
case of death, the bereaved, in a serious incident following which the police
or independent police complaints body conducted an investigation as if a
complaint had been made.
10. Independent Police Complaints Body (IPCB) refers to a public organisation that has responsibilities for handling complaints against the police and
is unconnected to and separate from the police.
11. Police complaints system refers to the operational framework for handling
complaints against the police in all of the stages of the complaints process:
1. visibility and accessibility of the system: concerning the promotion of
public awareness and ease with which a complaint may be made;
2. notification, recording and allocation: concerning the way in which
complainants are received, complaints recorded and determination of
the appropriate procedure for handling different types of complaint;
3. mediation process: concerning the way in which complaints that are not
investigated are handled;
4. investigation process: concerning the way in which complaints that are
investigated are handled;
5. resolution: concerning the outcome of a complaint as the result of an
investigation; and
6. review procedures: concerning the complainant’s right to challenge
the way in which their complaint was handled or the outcome of their
complaint.
Appendices ► Page 85
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