Law enforcement officials shall
respect the
law and the present
Code. They shall also, to the best of their capability,
prevent and rigorously
oppose any violations of them.
Law enforcement officials who have
reason to believe that a
violation of the present
Code has occurred or is about to occur shall
report the matter to their
superior authorities and, where necessary, to other appropriate
authorities or
organs vested with reviewing or remedial
power.
Commentary:
(a) This
Code shall be observed whenever it has been incorporated into
national legislation or
practice. If
legislation or
practice contains stricter
provisions than those of the present
Code, those stricter
provisions shall be observed.
(b) The
article seeks to preserve the
balance between the need for
internal discipline of the
agency on which
public safety is largely dependent, on the one hand, and the need for dealing with violations of basic
human rights, on the other.
Law enforcement officials shall
report violations within the
chain of command and take other
lawful action outside the
chain of command only when no other
remedies are available or effective. It is understood that
law enforcement officials shall not
suffer administrative or other
penalties because they have
reported that a
violation of this
Code has occurred or is about to occur.
(c) The
term "appropriate
authorities or
organs vested with reviewing or remedial
power" refers to any
authority or
organ existing under
national law, whether
internal to the
law enforcement agency or
independent thereof, with statutory, customary or other
power to
review grievances and
complaints arising out of violations within the purview of this
Code.
(d) In some
countries, the
mass media may be regarded as performing
complaint review functions similar to those
described in subparagraph (c) above.
Law enforcement officials may, therefore, be justified if, as a last resort and in
accordance with the
laws and
customs of their own
countries and with the
provisions of
article 4 of the present
Code, they bring violations to the
attention of
public opinion through the
mass media.