Right to complain about mistreatment in criminal interviews and interrogations following international and EU law and the Méndez Principles
Anželika Banevičienė
Mykolas Romeris Universityhttps://orcid.org/0000-0002-2855-6890
Zvonimir Ivanović
University of Criminal Investigation and Police Studieshttps://orcid.org/0000-0002-1101-6169
Denis Solodov
Uniwersytet Warmińsko-Mazurski w Olsztynie UWMhttps://orcid.org/0000-0003-2884-9420
Abstract
The paper aims to determine the requirements that must be met in the complaint mechanism to prevent torture or cruel, inhuman, or degrading treatment in the pretrial proceeding. This paper analyses the International, regional, and EU laws and policy documents of international organisations and
how the recommendations and complaint mechanisms provided by the Méndez
Principles contribute to the implementation of International and EU law requirements. It includes a list of conditions to ensure an effective complaint
mechanism and analyses them. The paper also discusses problematic issues to be solved while establishing an effective complaint mechanism. The authors concluded that the right to complain during a pre-trial investigation requires
a multifaceted approach that incorporates impartiality, clear guidance, confidentiality, evidence-based decision-making, protection from reprisals, and
regular evaluation of the existing policies and practices. The guidance and principles provided by the Méndez Principles lack specific details, leaving space for legal discussions. This requires competent domestic authorities to implement comprehensive guidelines and policies.
Keywords:
Mendez Principles, criminal interviews and interrogations, human rights in criminal proceed-ings, mistreatment, institutional accountability, complaint in criminal proceedingReferences
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University of Criminal Investigation and Police Studies
https://orcid.org/0000-0002-1101-6169
