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Developed guidelines on effective investigations in cases of ill-treatment

Podgorica 20 May 2019
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© Council of Europe

© Council of Europe

With the aim to strengthen the application of the standards of effective investigations in the cases of ill-treatment at the national level, the Action had developed an instruction - guidelines on the conduct of the state prosecution and the police in investigating allegations of ill-treatment. The guidelines were prepared bearing in mind that an effective investigation implies the obligation to apply all reasonable steps that could lead to identification and sanctioning of the perpetrators.

Its aim is to complement powers, competences and duties of police and prosecutors as defined by the European Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Police and prosecutors are obliged in each particular case to undertake any and all measures necessary to fully and objectively determine the facts and identify possible perpetrators. Therefore, the document represents a useful tool for the daily work of legal professionals that specifies the methods of independent action of prosecutors in relation to the police in order to overcome the problems that currently exist in practice.

The activity is organised within the framework of the Council of Europe Action entitled “Fighting ill treatment and impunity and enhancing the application of the European human rights case law on national level” which is being implemented in Montenegro under the joint Council of Europe and the European Union programme “Horizontal Facility for Western Balkans and Turkey”.