Under section 25 of Act 700, a preliminary investigation may be conducted by the Complaints Committee to determine:
Under subsection 17 (1) (2) (3) (4) (5) of Act 700, the Commission has GENERAL investigation powers as follows:
The Commission may establish such number of Task Forces as it deems necessary to assist the Commission in performing its functions effectively and efficiently under this Act. The members of a Task Force may comprise the officers of the Commission and the consultants engaged under section 15 of Act 700 where the members shall have all the powers of investigation as contained in the Criminal Procedure Code [Act 593]. The Commission may establish joint task forces with any other authorities as it deems necessary
Under section 31 (1) of Act 700, the Commission has SPECIFIC powers of investigation as follows:
Notwithstanding under subsection 31 (2) state, for paragraph 31(1)(d), where a person summoned is a person under detention under any written law, such summons shall be issued in accordance with the laws applicable in relation to the place of detention.
Under section 32 Act 700, the Commission has the power to obtain documents or other things for the purpose of investigation:
Section 33 of the Act carries legal obligation to every person required by the Commissioner or member of task force to give any information on any subject of the investigation:
A person who contravenes subsection (1) commits and offence and shall, on conviction or to imprisonment for a term not exceeding two years or to both, under subsection 2.
Under section 28 of Act 700, the Commission can initiate investigations on its own initiative.
The Commission may commence an investigation in respect of a misconduct it becomes aware of on its own initiative only if the commission is satisfied that the matter is of significant interest to the public or that it is in the public interest to do so.
The Commission's powers of investigation on its own initiative under this section is wide ranging and therefore it will be implemented in exceptional circumstances only i.e. in cases involving public interest and of significant interest to the public.
In such cases, the power is essential to ensure that the Commission can play a proactive role to carry out an investigation and not just rely on complaints from the public.
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