INDEPENDENT INVESTIGATION OF VIOLATIONS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS ATTRIBUTABLE TO POLICE ACTIVITIES

Abstract

In the course of last two decades some European countries have created independent police complaints bodies with investigative powers, which were originally established in Canada and Australia. The creation of these bodies is in line with the independent investigation standards which have been determined by the European Court of Human Rights in its extensive body of case law as well as by the Commissioner for Human Rights in his Opinion concerning Independent and Effective Determination of Complaints against the Police.

This article argues that the reluctance of many European states to comply with the specific independent investigation standards is a consequence of inconsistent and insufficiently clear case law of the European Court of Human Rights as well as of the incomplete wording of the Commissioner’s Opinion when it comes to the investigation of human rights violations which are allegedly attributable to police activities.