58. Police officers routinely address grievances during their encounters
with the public without the need for a complaint to be made. This may be by
way of an explanation, acknowledgement of a different point of view or an
apology. Where a relatively uncomplicated misunderstanding or breakdown
in communication between a police officer and member of the public gives
rise to a complaint it may not be necessary for the police or IPCB to undertake
a lengthy and expensive investigation. Moreover, investigation is unlikely to
meet the complainant’s expectation that their uncomplicated complaint will
be quickly resolved in a simple and straightforward manner. Provision should
be made for such complaints to be resolved through mediation or a less formal
mechanism.
59. The police officer with responsibility for handling a complaint determined
appropriate for mediation will need to make arrangements to gather information about the complaint and how the complainant and officer complained
against wish to proceed, and, if required, appoint a mediator.
60. Examples of how a mediated complaint may be satisfactorily resolved
in a timely fashion with the agreement of the complainant and the officer
complained against include:
ff by
letter to the complainant by a senior police officer providing an
account for the action complained of and, if appropriate, an apology;
ff by meeting between the complainant, with nominated representative
present, and a senior police officer;
ff by offer of an ex gratia payment; or
ff by arrangement of a meeting between the complainant and the officer
complained against, with representatives present if requested, convened
by a senior police officer or an independent mediator.
61. A complainant should have the right to challenge the way in which his
or her mediated complaint was handled or resolved by the police by way of
appeal to the IPCB.
6.4 Investigation process
62. In addition to the requirement that Article 2 and 3 complaints must be
investigated in accordance with the five ECHR effective police complaints
investigation principles, the jurisprudence of the European Court of Human
Rights also provides useful guidelines for all of the stages of the police complaints process.
Appendices ► Page 95
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