A. Arrests, PACE CODE G and Article 3 ECHR
“PACE CODE G states that “the power of arrest must be used fairly, responsibly, with respect for people suspected of committing offences and without unlawful discrimination”. It is argued that the powers of arrest in this instance were not employed fairly or responsibly and with unlawful discrimination, in that Mr Dearman, a suspect, was subject to positive discrimination, as he was never arrested and never interviewed about the allegations made by the children.
In fact the powers of arrest were never exercised during the police investigation in respect of any of the alleged abusers. The only one “interviewed”, although it was an inadequate interview in our submission, was Mr. Dearman”.
We referred to PACE Code G in our complaint to demonstrate the positive discrimination that Mr Dearman was subjected to due to the non-arrest, the poor police interview, non-seizure of computers, mobile phone or search of his home address. We also stated that this led to a breach of the children’s rights under Article 3 ECHR, because their evidence alone given during the ABE interviews is sufficient to arrest Mr Dearman and the other main suspects. The police report has ignored and failed to respond to the aspect of positive discrimination and breach of article 3 by the non-arrest and lack of investigation into Mr Dearman. We also referred to the positive discrimination that the other main suspects were privileged to, but the police failed to address this directly. For this reason, the police response at point 8 is invalid, as they have sought to misrepresent what we complained about and thereby failed to address the real issues raised by our reference to PACE Code G and the positive discrimination and breach of the children’s right under article 3.
Please note that the issues in this investigation taken as a whole or individually indicate a breach of the children’s right secured under article 3 and suggest a “cover up”. That has been our position from the outset, but the police have failed to refer to this. The police have failed to respond to this aspect in their whole report except in respect of point 19 (the officer led child Q to retract the allegations regarding the murder of children). However, we raised Article 3 and “cover up” issues several times regarding individual concerned and as a whole.
Arrest Criteria and Grounds of Arrest
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