A/HRC/37/27
police force had dealt with a complaint. It also handled serious cases that police forces were
obliged to refer to the Commission, whether or not someone had made a complaint. Ms.
Ilminska also referred to Ukraine, which had passed legislation to create the State Bureau of
Investigation to investigate torture perpetrated by law enforcement officers.
41.
Ms. Ilminska also mentioned the Independent Police Investigative Directorate of
South Africa, which conducted independent investigations into allegations of criminal
offences committed by members of the South African Police Service and metropolitan
police services, and the South African Judicial Inspectorate for Correctional Services,
which enabled a judge to inspect and report on the conditions and treatment of inmates in
correctional centres. Although those centres received government funding, they asserted
their independence. She also referred to the Commission on Human Rights and
Administrative Justice in Ghana, which, although it had the power to look into allegations
of mistreatment in detention, did not have the power to prosecute.
42.
Ms. Ilminska underlined that properly functioning oversight mechanisms needed to
be independent in terms of their decision-making capabilities and investigatory functions.
Their decisions should be implemented and police should have a healthy fear of
investigations. Multidisciplinary teams, including doctors and social workers, were vital to
gain a full picture and ensure a fairer investigation of allegations concerning vulnerable
persons. She noted that parallel investigations could be carried out by external and internal
bodies in relation to the same case and that could be helpful in societies in which public
trust in the police, and their capacity and willingness to investigate themselves, was low.
43.
During her presentation in the first session, Ms. Donoso had already underlined the
value of the visit in 2016 of the Subcommittee on Prevention of Torture to Chile and its call
for the establishment of a national preventive mechanism and an effective commission for
prison visits. Noting that the national human rights institution would serve as the national
preventive mechanism, she argued that it would be better for a different, independent
institution to serve as the national preventive mechanism. She underscored the need for the
commission on prison visits to play a more active role and conduct more visits. There were
unannounced, unrestricted visits every six months. During 2016, four officials were
removed because prisoners were subjected to solitary confinement and had not received
medical care.
44.
During her presentation in the second session, Ms. Samar outlined the monitoring
visits undertaken by the Afghanistan Independent Human Rights Commission in detention
centres and prisons. During 2016, it undertook 168 visits and removed some police chiefs.
Due to the ongoing conflict, however, the Commission could not visit every part of the
country. Ms. Samar referred to the inhuman methods of torture employed by other actors,
such as the Taliban and different warlords. Although some international forces remained in
Afghanistan, the Commission had not documented recent occurrences of torture committed
by those forces. The Commission delivered human rights training to the police, army,
judges, intelligence service and the public. The Commission also performed a monitoring
function regarding the police, army and intelligence service. That included looking into the
sexual harassment of women serving in the police, army and intelligence service in order to
protect those women and increase the number of women working in those services.
45.
During the discussions that followed the panellists’ presentations, a representative of
one member State referred to the useful role of custody officers in ascertaining if police
abuse had occurred. A representative of one national preventive mechanism noted the
importance, in some cases, of the possibility for the police to anonymously report
wrongdoing that they had witnessed. A representative of one NGO emphasized that the
value of national preventive mechanisms was their unrestricted access to places of
detention and their private discussions with detainees. The representative asked about the
role of national preventive mechanisms in training law enforcement officers on the
implementation of effective safeguards and investigative interviewing. A representative of
another NGO asked how national preventive mechanisms could monitor informal detention
prior to official detention and queried if complaints mechanisms should have prosecutorial
powers. The representative emphasized the importance of compiling guidelines on the
minimum requirements for complaints mechanisms, including the need to: act swiftly when
a complaint was filed; have a system in place that ensured confidentiality; and order
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