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Results for ombudsman (northern ireland)

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Author: Committee on the Administration of Justice (Northern Ireland)

Title: Human Rights and Dealing with Historic Cases - A Review of the Office of the Police Ombudsman for Northern Ireland

Summary: In recent years, a number of concerns have been raised about the capacity of the Office of the Police Ombudsman for Northern Ireland (OPONI) to investigate historic cases due to the length of time taken, the quality of the reports it has published, and the conclusions reached. The most recent reports into historic cases published by the Office of the Police Ombudsman have contributed towards a questioning of the Office’s ability and commitment to undertake robust and impartial analysis. A growing lack of confidence in the Office is further exacerbated by the experiences and perceptions of some of those who have referred complaints to OPONI, in particular, those families involved in historic cases due to the death of a loved one. Under Article 2 of the European Convention on Human Rights, where complaints against the police relate to violations of the right to life, the UK government is obliged to conduct independent, effective, prompt, and transparent investigations. The UK government has argued during examinations before the Committee of Ministers of the Council of Europe (the body empowered to monitor compliance with judgments of the European Court of Human Rights) that OPONI fulfils its obligations under Article 2 of the European Convention on Human Rights. This report therefore reviews the Office of the Police Ombudsman on how well it discharges its duties in accordance with the requirements of Article 2 of the European Convention on Human Rights: effectiveness, efficiency (promptness), transparency and independence.

Details: Belfast: Committee on the Administration of Justice, 2011. 58p.

Source: Internet Resource: Accessed July 11, 2011 at: http://www.caj.org.uk/files/2011/06/16/OPONI_report_final1.pdf

Year: 2011

Country: United Kingdom

URL: http://www.caj.org.uk/files/2011/06/16/OPONI_report_final1.pdf

Shelf Number: 122024

Keywords:
Criminal Investigations
Ombudsman (Northern Ireland)
Police Investigations
Police Oversight

Author: Northern Ireland. Criminal Justice Inspection

Title: An Inspection Into the Independence of the Office of the Police Ombudsman for Northern Ireland

Summary: This inspection arose because of concerns raised in relation to a lowering of the operational independence of the Office of the Police Ombudsman for Northern Ireland (OPONI). The purpose of the inspection was to assess the operational independence of the OPONI and examine any issues that could be said to undermine its independence. In the context of Northern Ireland the perception of independence as well as its reality is critical as it impacts directly on the confidence of those who engage with the organisation. In this inspection we have considered whether the independence of the OPONI has been or can be reasonably seen to have been reduced in terms of its decision-making capacity. The inspection report makes a number of findings. Firstly, that the legislative base for the work of the Police Ombudsman’s Office is solid and provides the necessary framework for the operation of an independent police complaints body. Moreover, there are a number of operational protocols in place that help define the nature of the relationship between the OPONI and the Police Service of Northern Ireland (PSNI). Again these help to secure the nature of the work of the organisation in relation to, for example, how complaints are dealt with. During the course of the inspection – with some exceptions – we did not hear any significant concerns over the ways in which the OPONI deals with current cases. This work comprises the vast majority of the work of the Police Ombudsman’s Office. The inspection did however identify a number of significant concerns over the ways in which the OPONI conducts investigations into historical cases. They include an inconsistent investigation process, a varied approach to communication with stakeholders and differences in quality assurance. In addition, we found a senior management team divided around the production of reports in this area and a fractured approach to governance and decisionmaking. The handling of sensitive material was also considered problematic. These issues have undermined confidence in the OPONI among some key stakeholders within the Non- Governmental Organisation (NGO) sector and a range of staff within the organisation. What is clear from the inspection is the flawed nature of the investigation process used in historical cases which seems to be buffeted from a number of different directions. This has led to a lack of confidence among many of those involved in the process including some investigators themselves, victims’ families and their representatives, and the police. The way in which the OPONI deals with the investigation of historic cases has led to a lowering of its operational independence. The investigation of historic cases has the capacity to undermine the entire work of the OPONI and serve to decrease public confidence in the work that it undertakes. It is essential that these issues are addressed in response to this report.

Details: Belfast: Criminal Justice Inspection Northern Ireland, 2011. 52p.

Source: Internet Resource: Accessed September 7, 2011 at: http://www.cjini.org/CJNI/files/18/18e1304a-9a19-4b5a-a1f8-faf1a5e807d6.pdf

Year: 2011

Country: United Kingdom

URL: http://www.cjini.org/CJNI/files/18/18e1304a-9a19-4b5a-a1f8-faf1a5e807d6.pdf

Shelf Number: 122672

Keywords:
Ombudsman (Northern Ireland)
Police Investigations
Police Oversight