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Complaint Against a Police Officer’s Conduct Addressed Only After Ombudsman’s Intervention

Summary

The ombudsman considered a complaint from an individual who reported that his complaint concerning the allegedly inappropriate and discriminatory conduct of a police officer had not been dealt with under the Police Duties and Powers Act (ZNPPol). Following the Ombudsman’s intervention, the Ministry of the Interior reopened the case and initiated a complaints procedure. The Ombudsman concluded that their intervention had been justified, as it had enabled the complainant to exercise their right to an effective remedy. The Ombudsman also emphasised the importance of carefully examining submissions and respecting the principles of fairness and good administration.

Details

The Ombudsman considered a complaint from an individual who reported that his complaint concerning the allegedly inappropriate and discriminatory conduct of a police officer had not been dealt with under the Police Duties and Powers Act (ZNPPol). Following the Ombudsman’s intervention, the Ministry of the Interior reopened the case and initiated a complaints procedure. The Ombudsman concluded that their intervention had been justified, as it had enabled the complainant to exercise their right to an effective remedy. The Ombudsman also emphasised the importance of carefully examining submissions and respecting the principles of fairness and good administration.

The Ombudsman considered a submission in which the complainant stated that his complaint about a police officer’s conduct had not been addressed under the complaint procedure set out in the Police Duties and Powers Act (ZNPPol). The complainant had already raised the police officer’s alleged inappropriate and discriminatory conduct during the police procedure in his request for judicial protection. He expressed the expectation that the relevant authorities would examine this aspect of the procedure thoroughly and professionally, and indicated his willingness to participate in the relevant proceedings.

In its initial response, the Ministry of the Interior instructed the relevant police station to reply in accordance with the Decree on Administrative Operations, while also explaining the complaint procedure under the ZNPPol. The Ministry considered that his statements related primarily to the findings of the minor offence proceedings, which are dealt with under minor offence law through a request for judicial protection.

To clarify the circumstances surrounding the minor offence and complaint procedures, the Ombudsman made an inquiry with the Ministry. The Ministry noted that the conditions for initiating a complaint procedure had been met based on the complainant’s correspondence, particularly as the complainant had clearly expected such a procedure to be initiated. After reconsidering the case, the Ministry decided to initiate the complaint procedure and conduct the reconciliation procedure as a matter of priority, guaranteeing all procedural rights to the complainant.

The Ombudsman concluded that their intervention in the case had been justified. Following the inquiry, the relevant authority reconsidered the matter and decided that the complainant’s submission should also be dealt with under the complaint procedure set out in the ZNPPol. A complaint against the conduct of a police officer is an important mechanism for protecting human rights and fundamental freedoms in police procedures. Conducting the complaint procedure secured access to an effective remedy under Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Furthermore, the principles of procedural fairness before a state authority and good administration were respected, albeit only following the Ombudsman’s inquiry. When intervening in the consideration of complaints, the Ombudsman consistently emphasises that the relevant authorities must examine individuals’ submissions carefully and transparently, and provide adequate reasons for their decisions. 16.1-23/2026


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