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Police Ethics Commissioner

Police Ethics Commissioner has been created on September 1st, 1990 and is governed by the Police Act (RLRQ chapter P-13.1).
The police ethics Commissioner receives and examines the complaints filed against police officers, wildlife protection officers, special constables, highway controllers and the Unité permanente anticorruption investigators who may have violated the Code of ethics of Québec police officers.
To be specific, the jurisdiction of the Commissioner applies to Québec police officers performing police duties in another province or territory of Canada and, according to certain modifications, to police officers of other provinces or territories authorized to perform police duties in Québec, in accordance with an authorization granted under the Police Act.

Organisational Structure

A Commissioner and a deputy Commissioner are appointed by the Government for a period of five years. The deputy Commissioner shall exercise the powers delegated to him by the Commissioner. The mandate of the Commissioner and deputy Commissioner may be renewed. In the absence or disability of the Commissioner, he is replaced by the deputy Commissioner.
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Marc-André Dowd, Commissioner, Lawyer
Hélène Tremblay, Deputy Commissioner, Lawyer
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In 2019, the police ethics Commissioner had on its payroll, 31 employees, distributed in three geographically decentralized directions in two offices, one in Québec (17 people), one in Montréal (14 people).

Powers

The Commissioner has a decisive mission within the police ethics system. In fact, after providing assistance to citizens to file their complaint, after a preliminary examination of the complaints, after conciliation has taken place between the parties, after the complainants’ allegations have been investigated, and the evidence is considerate sufficient to cite a police officer before the police ethics Committee, the Commissioner deals with over 90 % of the volume of complaints referred to the ethics system. Moreover, after a citation is issued, the Commissioner makes representations before the police ethics Committee, and if an appeal is filed, before the Court of Québec.
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However, the Commissioner may not submit the case on his own. The Commissioner can only act when there is:
a complaint from a person;
a request for investigation from the Minister of Public Security;
a final decision from a Canadian court declaring a police officer guilty of a criminal offence which also constitutes a breach of the Code of ethics
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The decisions of the Commissioner to close a file are rendered in writing, with reasons, at the complainant’s request, and subject to a review procedure that is either internal (the Commissioner himself) or external (the police ethics Committee), according to the stage of the decision.
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Moreover, the Commissioner can make recommendations to remedy any detrimental situation observed or prevent its reoccurrence, and formulate observations to improve the conduct of a police officer, wildlife protection officer, special constable, highway controller or Unité permanente anticorruption investigator.
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Furthermore, if a criminal offence appears to have been committed, the Commissioner can refer the case to the appropriate police force for a criminal investigation. Finally, when the ethics investigation has been completed, the Commissioner can also forward his file to the Director of Criminal and Penal Prosecutions.

Number of complaints received in 2018-2019

The Police Ethics Commissioner Office has received 1867 complaints during the last fiscal exercise.

Contact

Website : https://deontologie-policiere.gouv.qc.ca/comissaire.html
File a complaint : https://deontologie-policiere.gouv.qc.ca/en/le-commissaire/nos-services/deposer-une-plainte.html
Email : deontologie-policiere.quebec@msp.gouv.qc.ca

 

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Independent Office for Police Conduct

The Independent Office for Police Conduct (IOPC), formerly known as Independent Police Complaints Commission (IPCC), oversees the police complaints system in England and Wales and investigate the most serious incidents and complaints involving the police. The institution uses learning from its work to influence changes in policing. All its work is done independently of the police, government, complainants and
interest groups.
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Police forces deal with the majority of complaints against police officers and police staff. Police forces must refer the most serious cases to the IOPC – regardless of whether someone has made a complaint.
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Specialist police forces such as the Ministry of Defence, Civil Nuclear Constabulary and the British Transport Police, come under its jurisdiction.
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The IOPC also oversees the complaints system for certain other organisations, such as Her Majesty’s Revenue and Customs (HMRC), the National Crime Agency (NCA), and the Gangmasters and Labour Abuse Authority (GLAA). It investigates certain serious complaints and conduct matters relating to staff from these organisations.
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The IOPC also investigates criminal allegations against police and crime commissioners (PCCs) and their deputies and contractors working for the police.

Organisational Structure

The IOPC is led by a Director General, Michael Lockwood. He is ultimately responsible for the work of the organisation and its decisions. Investigative decisions are delegated to six teams covering Wales and the regions. These are each led by a director. Other decisions are delegated to other parts of the organisation as appropriate.
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Six non-executive directors form part of the Unitary Board. The responsibilities of the Board include ensuring that the organisation has appropriate arrangements for good governance and financial management in place, agreeing our strategic aims and values, and providing support to the Director General in carrying out his functions.
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By law, the Director General can never have worked for the police. In addition, none of the executive team, Regional Directors or our Director for Wales have worked for the police.
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You can read more about the IOPC’s structure and senior leaders on its website.

Budget

The IOPC is funded by grant in aid received from the Home Office. In 2018/19, we had net expenditure of £72.5 million.

Role and missions

The IOPC aims to promote confidence in the police complaints system firstly by demonstrating accountability when things have gone wrong, and secondly, by bringing about change by learning from complaints. It regularly makes learning recommendations to police forces that arise from investigations – and sometimes these recommendations are made nationally, to improve policing practice across England and Wales.
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The Office also publishes a magazine for police forces called Learning the Lessons. Each issue targets a different topic (such as stop and search or protecting vulnerable people) and contains real life case studies that look at what went wrong and gets to the heart of the lessons that should be learnt to prevent them from happening again. It also includes questions for policy makers and managers, and police officers and staff. You can find current and previous issues of Learning the Lessons on IOPC’s website.
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The Office is also focusing its work on thematic areas. These are topics that matter to the community and to policing bodies, and impact on public confidence in the police complaints system. These thematic areas include topics such as domestic abuse and mental health. More information about the thematic areas will be available on IOPC’s website as work progresses.
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Investigations : For more information about our investigations, please visit our website.
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Priorities and values : You can read about our priorities and values in our Annual Report on our website.

Complaint statistics

Forces recorded a total of 31,671 complaint cases in 2017/18 – a 7% drop from 2016/17.
The IOPC publishes annual statistics about complaints against the police, deaths during or following police contact, and public confidence in the police complaints system. For the latest statistics, please visit this page.

Contact

Website : www.policeconduct.gov.uk
Email : enquiries@policeconduct.gov.uk

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Police Investigations & Review Commissionner

Organisation

The post of the Police Investigations & Review Commissioner (PIRC) is a Ministerial appointment first established in 2008 by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (“the Act”) and amended by the Police and Fire Reform (Scotland) Act 2012.
Under the Act, the Police Investigations & Review Commissioner:
Undertakes independent investigations into the most serious incidents involving the police
Undertakes independent examination of the way the police handle complaints from the public
Undertakes independent investigations into allegations of misconduct by senior officers.
Provides independent scrutiny of the arrangements that police bodies operating in Scotland have in place to respond to complaints from the public

Police Investigations & Review Commissioner (PIRC) is representing by :
Michelle Macleod : Commissioner
Alan Buchanan : Director of Operations

Powers

Independently investigates serious incidents involving the Police
Independently examines the way police bodies handle non-criminal complaints from members of the public
Independently investigates allegations of misconduct by senior police officers when requested by the Scottish Police authority

Contact

Email: enquiries@pirc.gov.scot
Telephone: +441698542900
Website: www.pirc.scot

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Police Ombudsman for Northern Ireland

The Police Ombudsman’s Office provides independent, impartial investigation of complaints about the police in Northern Ireland.
We look at evidence to decide whether police officers have acted properly or not. Examples of the types of things we investigate include complaints that:
–          officers failed to conduct proper enquiries
–          officers used excessive force
–          officers were rude or aggressive
–          or acted inappropriately in other ways
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The Police Ombudsman also investigates complaints about some, but not all, civilian employees of the police. This includes those performing custody and escort duties.
His decisions are made entirely independently of the police, government and complainants.
You do not have to pay to complain to him.
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He deals with complaints about:
–          The Police Service of Northern Ireland
–          National Crime Agency officers in Northern Ireland
–          Belfast Harbour Police
–          The Belfast International Airport Police
–          Ministry of Defence Police in Northern Ireland
–          Immigration officers and some customs officials in Northern Ireland (serious cases only)
The Office was established in November 2000, is based in Belfast city centre, and has a staff of about 150 people, about 120 of whom work within our investigations teams.

History of the Office

When the Office of the Police Ombudsman opened for business on 6 November 2000, it ushered in a new era in police complaints in Northern Ireland. Before then, complaints against the police were investigated by other police officers.
The opening of the Office marked the introduction of a system of independent, impartial, civilian oversight of policing. With its own teams of professional investigators, it was the first fully-funded and completely independent police complaints organisation in the world.
The blueprint for the Office had been set out three years previously in the report “A New Police Ombudsman for Northern Ireland?” Dr Maurice Hayes, a senior civil servant, had been appointed in November 1995 to review the police complaints system and produce proposals for a new system which could earn the confidence of the people of Northern Ireland, and of the police themselves. After consulting widely with members of the public, politicians, the police and policing organisations.
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Dr Hayes said the key to the success of the new Office would be its independence. “The overwhelming message I got from nearly all sides and from all political parties, was the need for the investigation to be independent and to be seen to be independent,” he said. The Ombudsman, he said, should be supported by a team of professional investigators “which might include investigators from Customs and Excise or DHSS, lawyers, people with police experience and others.”
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“He/she would investigate complaints against police even where the action complained of might amount to criminal behaviour, if proven, and would in such cases carry the criminal investigation through to a recommendation to the Director for Public Prosecutions.” Dr Hayes’ recommendations were largely accepted by the Government, which passed legislation to bring the new Office into being. The Police (Northern Ireland) Act 1998 set out the role and powers of the new Police Ombudsman, and after some months of preparation, the Office was declared open.
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The first Police Ombudsman was Mrs (now Dame) Nuala O’Loan, who was appointed Police Ombudsman designate in 1999 and oversaw the preparations for the opening of the Office the following year. She remained in post until the seven year term of office defined in legislation ended on 5 November 2007.
She was succeeded by Mr Al Hutchinson, who had previously been Oversight Commissioner with the Office of the Oversight Commissioner, the body established in 2001 to oversee changes to policing in Northern Ireland.  In September 2011, Mr Hutchinson announced his intention to retire the following year.
He was succeeded by Dr Michael Maguire, who took up post in July 2012. Dr Maguire had previously been Chief Inspector with the Criminal Justice Inspectorate in Northern Ireland.

 

 

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The Public Defender of Rights of Slovak republic

The Public Defender of Rights is an independent body of the Slovak Republic, whose position and competences are specified by the Constitution of the Slovak Republic and the Act No. 564/2001 Col. of Laws, on Public Defender of Rights, as amended. Currently, JUDr. Martina Rosinová execises the function.

According to Art.  151a sect. 1 of the Constitution of the Slovak Republic, the Public Defender of Rights is an independent body which in the scope and in manner laid down by a law protects the fundamental rights and freedoms of natural persons and legal entities in the proceedings before public administration bodies and other public bodies, if activities, decision making or inactivity of the bodies are inconsistent with legal order. In cases laid down by a law the public defender of rights can participate in calling the persons acting in public bodies to responsibility, if the persons have violated fundamental right or freedom of natural persons and legal entities. All public power bodies shall provide the Public Defender of Rights with needed co-action.

Scope and manner, in which the Public Defender of Rights as independent body participates in protection of fundamental rights and freedoms of natural persons and legal entities, as well as details of the election and the recall of the Public Defender of Rights, his competence, the conditions of performance of his function, the manner of legal protection and enforcement of rights of natural persons and legal entities are specified by the Act on Public Defender of Rights.

Fundamental rights and freedoms, in protection of which the Public Defender of Rights participates, are established in the Chapter Two of the Constitution of the Slovak Republic and in the international treaties and agreements ratified and promulgated in the way laid down by a law.

Anybody who believes that his fundamental rights and freedoms were infringed contrary to the legal order or principles of the democratic state and the rule of law in relation to the activities, decision-making or inactivity of a public administration body can turn to the Public Defender of Rights with a complaint. The Public Defender of Rights may also investigate ex officio.

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The Parliamentary Ombudsmen JO

The Parliamentary Ombudsmen (JO) are appointed by the Swedish Riksdag (Parliament) to ensure that public authorities and their staff comply with the laws and other statutes governing their actions.
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The Parliamentary Ombudsmen (JO) are directly accountable to the Swedish Riksdag and form one pillar of parliamentary control in Sweden.  The task of the Ombudsmen is to review the implementation of laws and other regulations in the public sector on behalf of the Riksdag and independent of the executive power. This review includes courts of law and other public authorities as well as their employees. The Ombudsmen are completely independent in their decisions.
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Parliamentary control is a collective term for the Riksdag’s special powers to review and monitor the work of the Government and the public administration. Its three pillars comprise:
Parliamentary review: the right of Members of the Riksdag to pose questions to the Government, the Parliamentary Committee on the Constitution (KU) reviews the actions of ministers and the handling of government matters, the Riksdag has the power to initiate a vote of no confidence in a minister or the Government.
Judicial review: The Parliamentary Ombudsmen (JO) ensures that government agencies treat citizens in accordance with the law.
Efficiency audits: The Swedish National Audit Office reviews what government funds are used for and how efficiently they are used.

Task of the Parliamentary Ombudsman

The main task of the Parliamentary Ombudsmen (JO) is to ensure compliance with the law. The Ombudsmen are specifically tasked with ensuring that public authorities and courts abide by the provisions of the Instrument of Government concerning impartiality and objectivity and that the public sector does not infringe on the basic freedoms and rights of the citizens.
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The ombudsmen’s enquiries are prompted both by complaints filed by the public or initiated by the ombudsmen themselves. Regularly inspections are made of various public authorities and courts in the country.
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The Parliamentary ombudsmen (JO) are also appointed as National Preventive Mechanism (NPM) which has the task of monitoring to make sure that individuals deprived of their liberty are not exposed to cruel, inhumane or other degrading treatment or punishment.

Powers and sanctions

• The Parliamentary Ombudsmen have the authority to issue statements if the measures taken by a public authority or a public official are in conflict with an existing law or other statute or are incorrect or inappropriate in some other way.
• The ombudsmen have the right to issue advisory opinions intended to promote uniform and appropriate application of the law.
• In the role of extra-ordinary prosecutor, the ombudsmen may initiate legal proceedings against an official who, disregarding the obligations of his office or his mandate, has committed a criminal offence other than an offence against the Freedom of the Press Act and the right to freedom of expression.
• The ombudsmen may report a civil servant for dereliction of duty.
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The name of the Parliamentary Ombudsman in charge of police complaints is Cecilia Renfors.
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A detailed presentation of the Parliamentary Ombudsmen in English can be find at www.jo.se/en/About-JO.
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In 2018 the Parliamentary Ombudsmen received 1032 complaints regarding the police.

Contact

Address : Riksdagens ombudsman – JO, Box 16327, 10326 Stockholm, Sweden
Website : www.jo.se
Email : jo@jo.se
Telephone : +46 8 786 40 00

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The police Mediation’s office

Organisation

Existing since the year 2016 in connection with the adoption of the new law on the Geneva police, the police Mediation’s office is an independent structure dedicated to dialogue, information and advice towards the population, the cantonal police and the municipal police forces.
The police Mediation’s office provides professionals mediators  in order to hear grievances and to accompany applicants towards building a non-judicial solution that is acceptable to all parties.
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Fabienne Bugnon, main Mediator
Jacopo Rivara, Mediator Assistant
Martine Golay-Ramel, Mediator Assistant
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Read the activity report from 2018 here.

Missions

The Police Mediation Office provides a service to citizens, members of the police and members of city polices. It offers extrajudiciary resolutions to conflicts between citizens and police members. When necessary, it engages mediation and, with people’s agreement, it can organize mediation meetings. It also provides documentations on the different situations that are submitted.
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Moreover, the Police Mediation office is in charge of ensuring a better understanding of the police activities. To do so, different possibilities exist for the office :
explain the law that applies to the cases submitted;
obtain information from the police in order to explain the situations in the cases submitted;
give the opportunity for the complainant to meet the other parties and explain him/herself within the mediation;
organize information sessions between the police and different specific publics (youth, organizations representing populations having problems in their relationship with the police…).
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Finally, the Police Mediation Office presents its activites and missions during police officers training, in order to let them know of this mode of resolution of conflicts that will be at their disposal once they will start their activities as police members.

Contact

Email: mediation.police@etat.ge.ch
Telephone : + 41 22 327 92 80
Electronic for for complaints: https://demain.ge.ch/demander-aide-organe-mediation-police/demander-aide
Website : https://demain.ge.ch/demander-aide-organe-mediation-police

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Garda Siochana Ombudsman Commission

The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body, established under the Garda Síochána Act 2005 and set up in 2007. It replaced the Garda Síochána Complaints Board. Its mission is to provide efficient, fair and independent oversight of policing in Ireland.
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GSOC’s primary responsibility is to deal with complaints made by members of the public concerning the conduct of members of the Garda Síochána.

Organisational Structure

Commissioners
Three people make up the Garda Síochána Ombudsman Commission. They are :

 

Chairperson
Ms Justice Mary
Ellen Ring

Commissionner
Mr Patrick Sullivan

Commissioner
Mr Kieran FitzGerald

Budget
GSOC’s total budget for 2018 was €10,048,000, Pay & Allowances amounting to €6,063,292 and non-pay to €3,984,708.

Powers and Competence

GSOC’s primary responsibility is to deal with complaints made by members of the public concerning the conduct of members of the Garda Síochána. There are several different ways these may be dealt with.
Types of investigation which can be undertaken by the Garda Ombudsman:
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Criminal investigations
All allegations of criminal offences (for example assault) by gardaí are investigated by the Garda Ombudsman’s own investigators.
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Disciplinary investigations
There are three ways allegations of breaches of discipline can be handled:
 Informal resolution – Sometimes it makes most sense for the Garda Ombudsman to try to work with both parties to resolve a situation informally, e.g. if a person is complaining that their property has not been returned. This can be much quicker than a formal investigation. It is a voluntary process, requiring the consent of both parties.
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 Disciplinary investigation by the Garda Síochána (s.94) – These are conducted by Garda superintendents (GSIOs) according to the Garda Síochána (Discipline) Regulations, 2007. They can be supervised or unsupervised by a GSOC investigator, depending on the seriousness of the allegation.
– If they are unsupervised, the Protocols between GSOC and the Garda Síochána say that they must be completed and an investigation report provided to GSOC, for the complainant, within 16 weeks. Typical examples of cases that are investigated in this way would be an allegation that a house was searched without a warrant, or that there was abuse of authority in the manner in which an arrest was conducted.
– If it is supervised, a designated GSOC investigator may meet with the GSIO to agree the investigation plan, can direct and partake in the investigative actions, and must receive interim reports. The Protocols say that supervised disciplinary investigations must be completed and an investigation report provided within 20 weeks. An example might be a more serious allegation of neglect of duty, for example lack of, or insufficient, investigation of a serious crime reported to the gardaí.
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Non-criminal investigation by GSOC (s.95) – Certain disciplinary investigations may be undertaken by the Garda Ombudsman’s own investigators.
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GSOC has several other responsibilities unrelated to complaints. These are:
To conduct independent investigations, following referral by the Garda Síochána, in circumstances where it appears that the conduct of a garda may have resulted in the death of, or serious harm to, a person (provided for by s.102(1) of the Garda Síochána Act 2005). 38 such referrals were received in 2018, of which 15 related to fatalities.
To investigate matters in relation to the conduct of gardaí, when it is in the public interest, even if a complaint has not been received (provided for by s.102(4), 102(4)A, 102(5) and 102(7) of the Garda Síochána Act 2005, as amended). 17 such investigations were opened in 2018.
To investigate (with the consent of the Minister for Justice and Equality) where there is a concern that the Garda Commissioner may have committed an offence or behaved in a manner that would constitute serious misconduct (provided for by s.102B of the Garda Síochána Act 2005, as amended).
To examine any “practice, policy or procedure” of the Garda Síochána. Two such examinations have been conducted by GSOC to date (provided for by s.106 of the Garda Síochána Act 2005).

Number of Complaints in 2018 in the field of police complaints

GSOC received 1,921 complaints containing 2,944 allegations in 2018.
Read all GSOC annual report here : https://www.gardaombudsman.ie/publications/statutory-reports/

Contact

Website: www.gardaombudsman.ie
Complaints can be submitted on the GSOC website at the following link: https://www.gardaombudsman.ie/make-a-complaint/submit-a-complaint/
Twitter : https://twitter.com/GardaOmbudsman or @GardaOmbudsman

 

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Independent Police Complaints Board

The Independent Police Complaints Board was established and initiated its activity in 2008. The idea of establishing an independent body that would monitor the work of the Police (monitoring whether its conduct is in compliance with the criteria of the rule of law), came up earlier, inter alia in the proposals and recommendations of different NGOs. The existence of such a Board is not unique among other European countries, but the importance of such bodies is still not widely acknowledged.
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In 2007 with the modification of Act XXXIV of 1994 on the Police (hereinafter: Police Act) the Parliament amended the provisions for the structure of the police and established the Board. The Board works as an organ of civil control by giving a new platform to the citizens to complain against Police conduct.

The Board

Lawyers with a clean record may be elected as members of the Board, who are eligible to vote and gained outstanding experiences in the field of the protection of fundamental rights. Recently there are five members of the Board, of which four were elected by the Parliament on 13 February 2014 with qualified majority for six years on the joint proposal of the Committee on Human Rights and the Committee on Law Enforcement of the Parliament.
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Tamás Lukács was elected as the new chairman of the Board, who is an expert in international human rights law. Between 2010 and 2014 Mr. Lukács was the chairman of the Human Rights, Minority, Civil and Religious Affairs Committee of the Hungarian National Assembly. He was a member of the Hungarian National Assembly in 1999; he taught media ethics between 1998 and 2006 in Pázmány Péter Catholic University. He has been a lawyer since 1996 and was a board member of Magyar Rádió (Hungarian Radio) between 1996 and 2000.
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The deputy chairman is Ákos Kozma, who was elected as a member of the Board on 23 July 2010, he is an attorney at law and a law professor.
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The other members of the Board are:
Nóra Fráterné Ferenczy, lawyer, expert in bank law, former control lawyer of the Hungarian Tax and Financial Control Administration
Domonkos Wildner, lawyer, was an assistant of the Constitutional Committee of the Hungarian National Assembly, he was the secretariat of the special group, which investigated the police misconducts of October 2006.
Csaba Cservák, lawyer, lecturer at the University of Szeged and Károli Gáspár University, he was the head of the Bureau of the President of the Republic.

The Competence of the Board

The aim of the Board is, on the basis of the Police Act, to conduct complaint procedures – which fell into the excusive competence of the Police before – on its own, from a fundamental rights protective point of view and irrespectively of the subordinate relations. According to Article 92 (1) of the Police Act those police measures and omissions fall into the competence of the Board, which arise in connection with the application of Chapters IV, V and VI of the Police Act.
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Accordingly the Board can proceed and investigate certain measures or acts – and decide whether fundamental rights were violated – in the following cases:
• obligation of the performance of police tasks and instructions, and their violation or omission (especially, but not exclusively: obligation to take measures, requirement of proportionality, obligation of police officers to be identifiable, obligation of police officers to provide help;
• police measures or omissions, and their lawfulness (especially, but not exclusively: ID check, search of clothes, luggage and vehicle, arrest, short-term arrest, alien-policing measure, measure taken in private apartment, traffic-related measure);
• application and lawfulness of coercive means (especially, but not exclusively: applying physical force, handcuffing, chemical device, electric shock device, police baton, roadblock, using a weapon, acting in group, quelling a crowd).

Procedure of the Board

The Board conducts procedures initiated upon request, the Board is not able to act ex officio. The procedure of the Board is free of charge and expenses, however the complainant cannot be a fictional person and the complaint cannot be anonym (but later the complainant may ask for the deprival of the decision from personal data.)
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It must be emphasized that complaints shall be filed with the Board within thirdy days from the infringement of law, but in case the complainant became aware of the infringement at a later time, the deadline shall be calculated from this later date.

Activities of the Board in numbers

In 2017 the Board received 293 complaints. In 2017 the most frequently questioned fundamental rights were the right to fair proceedings (42,1%), the right to human dignity (22,1%) and personal freedom (10,5%). The most frequently violated fundamental rights were: right to fair proceedings (41,8%), right to human dignity (17,3%) and personal freedom (16,3%).
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In 2018 the Board received 295 complaints. In 2018 the most frequently questioned fundamental rights were the right to fair proceedings (48%), the right to human dignity (19%) and personal freedom (12%). The most frequently violated fundamental rights were: right to fair proceedings (45%), right to human dignity (21%) and personal freedom (18%).

Contact

Address : Széchenyi rkp. 19., Budapest, 1054, Hungary
Telephone : +36-1/441-6501
Website : https://www.repate.hu/index.php?lang=en
Only complaint form (English) : https://www.repate.hu/index.php?option=com_content&view=article&id=564&Itemid=192&lang=en

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Defensor del Pueblo

The article 54 of the Spanish Constitution created the Defensor del Pueblo in Spain, through the adoption of the Organic Law 3/1981 of 6 April 1981 for the creation of a High Commission Parliament designated to defend human rights.
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The Defensor del Pueblo is elected for a period of 5 years by a majority of three fifths in the House of Representatives and the Senate. It is an independent institution, which does not receive instructions from any authority and exercises its functions independently while enjoying inviolability and immunity during his term.

Organisational Structure

From July 22nd, the acting Ombudsman is Mr. Francisco Fernández Marugán who will be in charge until a new one is appointed by the members of Parliament.
The Spanish Ombudsman is assisted by a First Deputy competent for the economy, finance, housing, immigration, equal treatment and environmental planning and a second Deputy, responsible for security issues, justice, employment, education, culture, civil servents health and social policy. They are appointed with the consent of Parliament, and form the General Secretariat of the Council of Coordination and Home Affairs whose functions are defined in Article 18 of the Rules of Organization and Operation.
The ethics in security is the second deputy competence. The department in charge of ethics in security is the department of Security and Justice.
The department has an area manager advisor and 7 technical advisers among which only two work with issues related to ethics in security.
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Organisational Chart: 
https://www.defensordelpueblo.es/en/who-we-are/structure/ (English)
https://www.defensordelpueblo.es/transparencia/informacion-institucional-y-organizativa/estructura/organigrama/ (Spanish)

Powers and Competences

The Department of Security and Justice, depending on the Second Deputy Ombudsman, is in charge of the investigation of complaints about the actions of the Security and Police Forces, the Judiciary, the situation of prisoners, public safety issues, the treatment of victims of crime and road safety.
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It receives requests for actions of police forces and other security agencies in the administration of justice, the situation of prisoners, public safety issues, and pays particular attention to victims of crime and safety road.
The office can take the initiative on cases that have been brought to its attention regardless of the means when the cases constitute a violation of fundamental rights and freedoms.

The complaints procedure is the same in every case, according to the article 18 of the Organic Act regarding the Ombudsman. Although the Ombudsman is not empowered to modify or overrule the acts and decisions of the Public Administration, he may nevertheless suggest modifications in the criteria employed in their production.
The Spanish Ombudsman is entitled, in the course of his investigations, to give advice and make recommendations to authorities and officials in the Public Administration, remind them of their legal duties and make suggestions regarding the adoption of new measures.
The Public Administration may accept or reject the resolutions, as the power of the Ombudsman is not executive.

Number of Complaints in 2016 in the field of police complaints:
Public safety: 1.085
Penitentiary centers:  582
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Links: Annual Report Summary 2016 (English ed.)  / Annual Report 2016 (Spanish ed.)

 

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Chancellor of Justice of the Republic of Estonia

Organisation

The institution of the Chancellor of Justice is established by the Constitution of the Republic of Estonia. The Chancellor of Justice is an official who is independent in his or her activities. The legal state of the Chancellor of Justice and the work procedures of the Office of the Chancellor of Justice are stated in the Chancellor of Justice Act.
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The Chancellor of Justice is appointed by the Riigikogu (parliament) for seven years, according to the proposal of the President of the Republic. On 20 January 2015, the Riigikogu appointed Prof Dr Ülle Madise as the Chancellor of Justice. She gave the oath of office and assumed the office of the Chancellor of Justice on 31 March 2015.
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Under the Chancellor of Justice Act, with regard to issues of police authorities the Chancellor is competent to verify conformity of legislation with the Constitution and existing statutes (i.e. constitutional review competence) and to verify the activities of representatives of police authorities (i.e. the ombudsman competence). Since 18 February 2007, the Chancellor of Justice is the national preventive mechanism stipulated in the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, whose duty is to inspect institutions where the freedom of people is restricted in order to prevent torture and other cruel or degrading treatment. In addition, from 1 January 2015 the Chancellor of Justice has the competency to supervise compliance with fundamental rights and freedoms when the covert gathering, processing, use and supervision of personal data and related data by agencies of executive power (e.g. by secret police) is organised. Since 1 January 2019, the Chancellor of Justice is also the National Human Rights Institution (NHRI) and performs the functions of promoting the implementation, upholding and monitoring of the UN Convention on the Rights of Persons with Disabilities (CRPD).
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Once a year, the Chancellor of Justice presents to the Riigikogu an Annual Report of the Chancellor of Justice’s activities. On one hand, this is a report of the Chancellor of Justice to the parliament about fulfilment of his/her main tasks during the previous 12 months. On the other hand, presenting such an overview allows the Chancellor of Justice to draw the attention of the Riigikogu to shortcomings and legal problems discovered by him/her that have appeared upon implementing the Constitution.

Missions

The main constitutional duty of the Chancellor of Justice is to ensure that:
laws and regulations would be constitutional and in compliance with other laws.
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The main duty of the Chancellor of Justice under the Chancellor of Justice Act is to ensure that:
authorities and officials performing public duties would not violate people’s constitutional rights and freedoms, laws and other legislation of general application, as well as the principles of sound administration;
persons held in places of detention would not be treated in a degrading, cruel or inhumane way;
the rights of children would be protected and activities of child care institutions are legal. The Chancellor of Justice also deals with the promotion of the rights of children and raising awareness;
all disabled persons are able to exercise their fundamental rights and freedoms on equal grounds with other persons;
the constitutional rights and freedoms of people are not violated when the covert gathering, processing, use and supervision of personal data and related data by agencies of executive power is organised.
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Other tasks of the Chancellor of Justice under the law are:
submission of opinions to the Supreme Court in constitutional review proceedings;
reply to the interpellations of the Members of the Riigikogu;
reply to written questions of the Members of the Riigikogu;
make proposals for waiving immunity;
initiate disciplinary proceedings against judges;
resolve discrimination disputes;
submission of opinions to the drafts of legislation of general application.

Cases about police authorities

Please find recent cases about police authorities in the 2018 Annual report :
Inspections to police detention facilities
Inspections to refugee centres
Covert processing of personal data

Contact

OFFICE OF THE CHANCELLOR OF JUSTICE, Kohtu Street 8, 15193 Tallinn, Estonia
Phone:  +372 693 8404
E-mail: info@oiguskantsler.ee
Website: https://www.oiguskantsler.ee
Complaint form: https://www.oiguskantsler.ee/en/application-to-the-chancellor-of-justice

 

 

Who we are

The Independent Police Complaints Authorities’ Network (IPCAN) is an informal network of exchange and cooperation amongst independent structures in charge of external control of security forces. These bodies, mainly from European Union member states, receive and process complaints against public security forces, and sometimes, against private ones as well.
Today IPCAN brings together 22 members (see members list here)

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Objectives of IPCAN

We are convinced that the effectiveness of a rule of law is based, amongst others, on the existence of independent bodies with an impartial view on the activities of the professionals engaged in security missions.
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Beyond the organisation of Seminars and Conferences, we are also confident in the fact that a coordinated commitment between our institutions will carry on the values prescribed by the international instruments guaranteeing the fundamental rights of citizens in democratic States.

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Independant Police Complaints' Authority Network