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COMPLAINTS AGENCIES IN THE COMMONWEALTH

COMPLAINTS AGENCIES IN THE COMMONWEALTH. Commonwealth Human Rights Initiative. The Debate. Civilian Oversight - a relatively new trend and still evolving Internal review would be swifter and more effective

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COMPLAINTS AGENCIES IN THE COMMONWEALTH

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  1. COMPLAINTS AGENCIES IN THE COMMONWEALTH Commonwealth Human Rights Initiative

  2. The Debate • Civilian Oversight - a relatively new trend and still evolving • Internal review would be swifter and more effective • Civilian review essential in a democracy since police are ultimately responsible to the public and not police chiefs.

  3. Why have civilian oversight? • Establishes the principle of police accountability; • Reduces impediments to bringing complaints; • Reduces public reluctance to complaints; • Source of information about police misconduct; • Can alert police administrators on steps to curb abuse;

  4. Importance for Police Managers Police managers have recognized that civilian oversight can: • Improve the image of the police and its relationship with the public; • Improve the public's understanding of the nature of police work; • Promote community policing; • Improve the quality of a police agency's internal investigations; • Reassure the public that the police agency investigates complaints thoroughly and fairly; • Discourage misconduct amongst police officers, and • Improve a police agency's policies and procedures.

  5. Importance for Elected Officials Elected officials have indicated that civilian oversight: • Demonstrates their concern to their constituencies about police conduct; and • Can assist in reducing civil claims against a police agency.

  6. Importance for the Public Members of the public have reported that civilian oversight has: • Satisfied them that the police agency can be held accountable; • Helped reassure them that appropriate discipline is being implemented for police misconduct; • Discouraged police misconduct; and • Improved their understanding of police work.

  7. Form and Mandate • FORM: dedicated solely to the investigation and oversight of complaints against the police. • Have a wider mandate. The Mauritius HRC. • MANDATE: individual complaints; • patterns of functioning and behaviour; • look at human rights violations; • mandated to look at police corruption. • other aspects of police performance, and make recommendations for future change.

  8. Importance of coordination between multiple agencies • Protects against overlapping, duplication and contradictory recommendations. • Example: Independent Complaints Directorate, Human Rights Commission, and the Police in South Africa • Example: Police Integrity Commission, Ombudsman and the Police in New South Wales, Australia

  9. Sources of complaints • The public; • From the Minister in charge or even parliament - South Africa; • Suo moto; • Certain categories of crime compulsorily referred to the civilian oversight body – PIC, IPCC.

  10. Requirements for a successful complaints agency • Independence; • Adequate powers; • Sufficient resources; and • Authority to follow up on recommendations.

  11. Independence • Constitutional or statutory underpinnings – South Africa, U.K., and New South Wales • Leadership drawn from outside the police and government. IPCC • Where the skill pool is small, practical reality may require using available police skills. • Civilian superiority in staffing is a must.

  12. Adequate Powers • Powers to investigate and not merely review; • Call for evidence & compel police cooperation; • PIC - search warrants, obtain listening device or telecommunications interception warrants and ensure witness protection. • The IPCC has all the powers of the police. • Make recommendations about systemic improvements. Helps identify and address root causes of complaints. PIC and IPCC

  13. Investigative Powers • These bodies do not investigate all cases • The agency investigates serious cases; and • Supervise or monitor other investigations • England and Wales: IPCC investigates, IPCC manages, IPCC supervises, and police investigate. • Remember: Total delegation erodes credibility.

  14. Resources • Financial independence - budget is voted by the legislative body, and not allocated by the executive. • Even small states like Lesotho have decided that the investment is well worth making. • Sri Lanka and Pakistan have also created such bodies • In small jurisdictions, creating a specialist division within existing bodies can improve overall police accountability.

  15. Following up Recommendations • Very few can make binding decisions - The Ugandan HRC and the IPCC. • In other cases, the concerned Minister or police department publicly respond to the recommendations. Commission for Public Complaints Against the RCMP and PIC. • Example: New South Wales – of the 56 recommendations made prior to 2002-2003, over 90% were supported by the NSW Police and nearly half had already been implemented.

  16. Conclusion • Dedicated Civilian agencies have been the most successful in holding the police to account. • Single focus agencies; • Develop expertise in policing issues and investigative techniques; and • Increase capacity to analyse patterns of police conduct and performance.

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