1. Introduction

SwishJustice is committed to maintaining transparency, accountability, and fairness in all its investigations and case proceedings. This policy outlines the procedures by which any person may apply to the Director-General or Captain-General (or an authorized delegate) to initiate an Executive Review into a case investigated by SwishJustice. It also details the possible outcomes of such a review, as well as the process for appealing the outcome, which involves an Independent Solicitor and a panel of five shareholders from the Swish World Group.

2. Purpose of the Executive Review

The Executive Review serves as a mechanism to ensure that cases handled by SwishJustice are thoroughly re-examined and that any concerns regarding the conduct, findings, or outcomes of an investigation are addressed. It allows for the reassessment of cases where there may be allegations of procedural errors, new evidence, or other grounds that warrant a second look.

3. Eligibility to Request a Review

• 3.1. Who Can Apply: Any person directly affected by a case investigated by SwishJustice, including victims, suspects, witnesses, or their legal representatives, can apply for an Executive Review.
• 3.2. Grounds for Review: Applications must clearly state the grounds for the review, which may include, but are not limited to:
  • Allegations of procedural or administrative errors during the investigation.
  • Discovery of new evidence that was not available during the original investigation.
  • Concerns about bias, conflict of interest, or other ethical concerns affecting the investigation.
  • Perceived inadequacies in the investigation or the application of legal standards.

4. Application Process

• 4.1. Submission: Applications for an Executive Review must be submitted in writing to the Director-General or Captain-General, or a person they have authorized to handle such requests.
• 4.2. Required Information: The application must include:
  • The applicant’s full name and contact information.
  • A detailed description of the case, including case reference numbers, if available.
  • The specific reasons for requesting the review, supported by any relevant documentation or evidence.
  • The outcome the applicant is seeking from the review.
• 4.3. Acknowledgment: Upon receipt of an application, SwishJustice will acknowledge the request in writing within five business days, providing an estimated timeline for the review process.

5. Review Process

• 5.1. Preliminary Assessment: The Director-General, Captain-General, or their authorized delegate will conduct a preliminary assessment of the application to determine whether the request meets the criteria for an Executive Review.
  • If the application is deemed frivolous, vexatious, or without merit, it may be dismissed at this stage, and the applicant will be notified with reasons for the dismissal.
• 5.2. Full Review: If the application proceeds, the Director-General, Captain-General, or their authorized delegate will initiate a comprehensive review of the case. This may include:
  • Re-examining the case files, evidence, and investigation procedures.
  • Conducting interviews with relevant parties, including investigators, witnesses, and the applicant.
  • Consulting with independent legal experts or other relevant professionals as needed.
• 5.3. Fairness and Impartiality: The review process will be conducted with strict adherence to principles of fairness, impartiality, and confidentiality. All parties involved in the original investigation will have the opportunity to provide input during the review process.
• 5.4. Decision-Making: After completing the review, the Director-General, Captain-General, or their delegate will make a decision based on the findings. The decision will be documented, and a report will be prepared.

6. Possible Outcomes

Based on the findings of the Executive Review, the following outcomes are possible:

• 6.1. Affirmation of the Original Decision: The review may determine that the original investigation and its outcomes were conducted properly, with no need for further action. In this case, the original decision stands.
• 6.2. Reopening the Investigation: If the review identifies significant issues with the original investigation or new evidence that warrants further examination, the case may be reopened. This could involve:
  • Assigning new investigators to the case.
  • Re-interviewing witnesses or re-examining evidence.
  • Expanding the scope of the original investigation to include additional lines of inquiry.
• 6.3. Modification of the Original Decision: The review may result in a modification of the original decision. This could include:
  • Amending findings or conclusions.
  • Adjusting any penalties, sanctions, or recommendations made as a result of the original investigation.
• 6.4. Referral for Disciplinary Action: If the review uncovers evidence of misconduct, bias, or procedural errors by SwishJustice personnel, the matter may be referred for disciplinary action against the individuals involved.
• 6.5. Implementation of Corrective Measures: The review may lead to the implementation of corrective measures within SwishJustice, such as changes in procedures, additional training for personnel, or other organizational improvements to prevent similar issues in the future.
• 6.6. Recommendation for External Review: In cases where the review identifies concerns that extend beyond the remit of SwishJustice, the matter may be referred to an external agency or body for further investigation or oversight.

7. Communication of the Outcome

• 7.1. Notification to Applicant: The applicant will be notified in writing of the outcome of the Executive Review, including the reasons for the decision. This notification will be provided within a reasonable time frame after the review is completed.
• 7.2. Transparency: Where appropriate and subject to confidentiality constraints, the outcome of the review may also be communicated to other parties affected by the case, and a summary may be made available to the public to promote transparency.

8. Appeal of the Executive Review Outcome

If the applicant is dissatisfied with the outcome of the Executive Review, they have the right to appeal the decision.

• 8.1. Grounds for Appeal: Appeals must be based on substantial new evidence, procedural flaws in the Executive Review, or other compelling reasons that the outcome of the review was incorrect or unjust.
• 8.2. Appeal Submission: Appeals must be submitted in writing within 30 days of receiving the outcome of the Executive Review. The appeal request must clearly outline the grounds for appeal and include any relevant supporting documents.
• 8.3. Appeal Process:
  • 8.3.1. Independent Solicitor: The appeal will be led by an Independent Solicitor who was not involved in the original investigation or the Executive Review. This solicitor will conduct an impartial assessment of the appeal.
  • 8.3.2. Appeal Hearing: The appeal will be heard by a panel of five shareholders from the Swish World Group. These shareholders will review the Independent Solicitor’s assessment, the original case files, and any additional evidence or arguments presented by the appellant.
  • 8.3.3. Decision-Making: The panel of shareholders, guided by the Independent Solicitor, will deliberate and make a final decision on the appeal. The decision may affirm the original outcome, modify it, or mandate further action such as reopening the investigation or implementing corrective measures.
• 8.4. Finality: The decision made by the shareholder panel is final, with no further internal avenues for appeal within SwishJustice. Should the appellant remain dissatisfied, they may seek external legal avenues or other forms of recourse as applicable under the law.

9. Confidentiality and Data Protection

• 9.1. Confidentiality: All information and documentation related to the Executive Review and appeal processes will be treated with the highest level of confidentiality. Access to case files and review documents will be restricted to those directly involved in the review and appeal.
• 9.2. Data Protection: The handling of all personal data during the review and appeal processes will comply with relevant data protection laws and regulations. Personal information will only be used for the purpose of the review and appeal and will not be disclosed without consent, except as required by law.

10. Monitoring and Policy Review

• 10.1. Monitoring of Review and Appeal Processes: SwishJustice will monitor the Executive Review and appeal processes to ensure their effectiveness and fairness. Feedback from applicants and other stakeholders will be collected and used to improve these processes.
• 10.2. Policy Review: This policy will be reviewed regularly to ensure it remains current and effective. Updates will be made as necessary to reflect changes in legal standards, best practices, and organizational objectives.

11. Conclusion

The Executive Review Policy provides a structured and fair process for re-examining cases handled by SwishJustice. By allowing any person to request a review, providing clear and transparent outcomes, and establishing an independent appeal process involving an Independent Solicitor and Swish World Group shareholders, SwishJustice reaffirms its commitment to justice, accountability, and continuous improvement in its operations.