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Every complaint matters: Human Rights Commissioner's opinion concerning independent and effective determination of complaints against the police
Authors:Graham Smith
Institution:1. Departament de Industries, Federico Santa Maria University, Chile;2. Graduate School of Business, ITESM, Campus Queretaro, Mexico;3. Pacifico University Research Center (CIUP), Peru
Abstract:Police complaints are a developing area of European human rights law and criminal justice policy. In response to the risk of cultures of police impunity emerging in some European states the Council of Europe Commissioner for Human Rights launched a police complaints initiative in 2008. Written by the consultant to the Commissioner this paper examines his recently published Opinion concerning independent and effective determination of complaints against the police. Firstly, an overview is presented of the different types of complaints mechanism currently operating across Europe. This is followed by an outline of the five police complaints principles developed in the jurisprudence of European Court of Human Rights and explanation of the two-tiered citizen oversight approach advocated in the Commissioner's Opinion. The paper concludes with a discussion of the importance of the principles as a means for ensuring that every police complaint is handled appropriately and proportionately.
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