“The SCA, in its previous sessions including the first session of 2024, noted that Section 11 of the Protection of Human Rights Act (PHRA) requires the Central Government to make available to the NHRC a police officer of the rank of Director General of Police or above, and such officers as necessary for the efficient performance of the NHRC. The NHRC indicated that only officers who have showcased exemplary and outstanding performance with an exceptional performance record are posted to the NHRC, and that the rich and varied experience of the officers helped the NHRC to analyse the human rights situations in the cases, analyse the forensic evidence with ease and provide for better analysis on issues having a direct bearing on human rights.

The SCA also noted that the involvement of police officers in the investigation of human rights violations cases poses a concern about the perceived or real conflict of interest in having police officers seconded from government engaged in investigations of human rights violations including those committed by police.  The SCA also noted that the secondment of police officers to act as investigative staff may impact on the NHRC ability to conduct impartial investigations as well as the ability of victims to access human rights justice. The NHRC indicated that the conclusion of the SCA was misplaced and the concern that such officers may fail to conduct impartial investigation was not only unfounded and unjustified but also far from reality.

At its 45^th session in 2025, the SCA provided the NHRC with an opportunity to provide additional information on efforts taken to address the concern of involving police officers in investigation. 

The SCA notes the responses of the NHRC that this has never been an issue however the following steps have been taken:

The SCA notes information provided by the NHRC in writing and during the interview indicating efforts being undertaken to address the concern of having police officers involved in investigation, including engagements with the government, sharing of proposals for amendment to the PHRA for consideration and approval by Parliament and the formulation of regulations by NHRC which has received ‘in principle’ Government agreement. 

The SCA acknowledges the steps taken by the NHRC and the responses provided but is of the view that these measures do not address the primary concern of having police officers conduct human rights investigations which may impact on the institution’s ability to conduct impartial investigations as well as the ability of victims to access human rights justice. 

The SCA notes that while the mentioned regulations and Proposed Rules were not considered as part of the review process as they were submitted beyond the deadline, the PHRA remains unamended with Section 11 requiring Central Government to make available to the NHRC a police officer of the rank of Director General of Police or above, and such officers as necessary for the efficient performance of the NHRC.

The SCA, noting the establishment of Regulation 47 and the Proposed Rule and reflecting on its continued concern of perceived or real conflict of interest in having police officers seconded from government engaged in investigations of human rights violations including those committed by police, reiterates its previous recommendations and calls on the NHRC to advocate for amendments to section 11 of the PHRA and to amend its investigative structure to remove the capacity of government to second police officers to act as investigative staff. 

The SCA refers to Paris Principles B1, B.2 and B.3 and to its General Observation 2.4 on ‘Recruitment and retention of NHRI staff’.”