As part of its tasks and activities, the Standing Police Monitoring Committee (Standing Committee P, for short) is required to report regularly to Parliament. This document is a summary of the main items of Committee P's 2003 Annual Report. Readers wishing to consult the full version of the Annual Report will find it on the Committee's website (www.comitep.be) or in the relevant published parliamentary documents [1] .
In its recent debates on amending the organic law of 18 July 1991 on monitoring police forces and intelligence services [2] , Parliament redefined the tasks and powers of the Standing Police Monitoring Committee and, more specifically, set out the relationship that it is to maintain confidentially and – to a certain extent – in partnership with other stakeholders in the res politeia responsible for 'keeping the peace' and restoring public order whenever necessary.
The year 2003
also provided an opportunity to look back and assess ten years of police monitoring
(within the meaning of Article 3 of the law of 18 July 1991) in two publications:
Pour une police responsable, transparente, démocratique [3]
and Dix ans de fonction de police
[4]
. These two documents retraced ten years
of monitoring the implementation of the 'police function'.
In addition, for nearly four years now, Committee P has been leading
a European forum of police oversight and inspection bodies which also processes
complaints and reports of police misconduct. This work also led to several
publications by Standing Committee P.
In line with these publications, the 2003 Annual Report focuses on the role played by the police in a state governed by the rule of law and the fundamental principle of the primacy of the law, as per Recommendation Rec(2001)10 of the Council of Europe on the European Code of Police Ethics. Articles 59 and 60 of the Recommendation state that: "The police shall be accountable to the state, the citizens and their representatives. They shall be subject to efficient external control. State control of the police shall be divided between the legislative, the executive and the judicial powers."
The inquiries and reports
mentioned in the 2003 Annual Report are, for the most part, notable because
were mentioned and commented on at the working meetings back in 2003 and early
2004 with Standing Committee P's parliamentary support committee.
We aim to serve the members of Parliament and the citizenry equally. We endeavour,
on their behalf, to carry out in full our tasks and responsibilities, and
to do so in a fully neutral, independent, constructive and confident manner,
supported by the solidity of all of our democratic institutions -- within
which the police forces and officials with police powers have a heavy load
to shoulder.
The Standing Police Monitoring Committee is directly answerable to Parliament, on behalf of which it is responsible for ensuring indirect and ongoing oversight of the police bodies which in turn are answerable for the most part to the executive power. By virtue of the organic law of 18 July 1991, its activities are governed by three objectives: (1) protecting the rights of citizens as afforded by the Constitution and legislation; (2) coordinating the police forces; (3) ensuring efficiency – in the broad sense of the term – of the police forces. Committee P is therefore responsible for ensuring -- for the sake of the effectiveness of and compliance with fundamental rights and liberties – that the police and officials with police act within the bounds of a shared vision, not only with respect to each other, but also with respect to other stakeholders. This is equally true for the inspection and control bodies and institutions.
In its 2002 Annual
Report, Committee P concluded that it would only be able to carry out
its tasks successfully "if all parties involved fully shouldered their
responsibilities while complying with the provisions of the organic law and
the obligations set out therein, in particular with respect to the automatic
disclosure of certain information". The effectiveness of circulating
information is critical to the success of responsibly and transparently carrying
out the tasks entrusted to Committee P by Parliament.
While the situation in general has improved compared to previous years, there
is still room for improvement in many areas. There are some who have adopted
a rather restrictive interpretation, forgetting certain fundamental requirements
for circulating information.
Committee P
keeps in close touch with its counterpart, the Standing Intelligence Services
Monitoring Committee, which is responsible for monitoring the intelligence
services.
The Standing Committees exchange information on their activities and send
each other their reports and conclusions. A joint inquiry was recently launched
into various aspects of coordinating the police and intelligence services
with regard to fighting terrorism.
Committee P also monitors international police collaboration, specifically
police activities on behalf of or emanating from Europol and Interpol. Besides,
Committee P has its own national or international contacts, which allow
it to fulfil its mission [5] .
Regularly, meetings were held with the Standing Committee on Local Policing,
the commissioner and certain police chiefs, as well as with the General Inspectorate
of the two-tier, integrated police force. As in previous years, the Committee
organised hearings given by key players in the two-tier, integrated police
force.
1.
Inspection and follow-up inquiries
Committee P's
inspection inquiries have changed significantly over the last ten years. While
the legal basis for inspection has remained relatively unchanged, its methods
have changed. The amount and diversity of knowledge and information currently
at the Committee's disposal are such that the Committee can better prepare,
execute and follow up the global and general oversight powers vested in it.
The Committee continually invests constructively and sustainably in improving
its internal operation and the operation of the police force as a whole.
In 2003, Committee P organised and carried out (on behalf of its Investigation
Department) 47 inspection inquiries (in the strict sense of the word), of
which 23 were initiated that same year. These consist of a) 'thematic' inquiries
and inquiries into the efficiency of a given police corps, unit or force,
and, b) special inquiries, inspection of other monitoring bodies and follow-up
inquiries.
The inspection inquiry is evolving into a tool for measuring and evaluating
the operation of the police force as a whole. Several inquiries have already
prompted the sending of a general progress report to the Special Parliamentary
Support Committee for Standing Committee P. Copies of these reports are
always sent to the authorities (including the command structure), those in
charge and, most often, to the ministers for home affairs and justice. Some
of them were publicised to a certain degree.
Below we go over a number of significant extracts from the reports on the key inspection inquiries managed by the Standing Police Monitoring Committee in 2003.
1.1. Searches and deprivation of libertyThe various observations
made by Standing Committee P in this domain are rather worrying, to such
an extent that it must pursue its inquiry in 2004-2005. Efforts to assimilate
and enforce the law of 5 August 1992 on the police function are particularly
inadequate in this domain.
This inquiry reinforces our desire to take a closer interest in the training
given to police officers and aspiring police officers. Here, too, various
inadequacies and gaps were noted, specifically with regard to the use of communication
tools, ISLP, firearms and force.
Regulatory provisions on training standards should be adopted as soon as possible.
In our opinion, a single final examination should be organised at this stage.
Training should be monitored by the integrated police force as well as by
an independent body on a fairly regular basis.
In connection with this inquiry, it was noted that there have mostly been improvements in how the arrest log is kept, but that this only complies in part with the recommendations made by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), which would like it to be much better developed [6] . Since the CPT recommendations have not yet been covered in guidelines, the Commissioner and the Corps Commanders are not really inclined to enforce them.
1.3. Holding cells and incarceration in police stationsThe high number
of arrests by the judicial and administrative police would indicate that special
attention should be paid to any and all types of deprivation of liberty. Correctly
maintaining an arrest log and having it stamped and approved daily will allow
the various officials responsible to monitor this issue better.
Without prejudice to the reasons for the deprivation of liberty, every measure
must be taken to maintain the dignity and integrity of the individuals in
question. In that field too, it is obvious that progress can still be made.
The operation
of the police as a whole and, especially at the time of any incident involving
a citizen placed under police surveillance in connection with an instance
of deprivation of liberty must be assessed from the viewpoint of pursuing
the learning process. Research into this matter in other countries [7] shows that several problems arising in this connection could have
been avoided if the police had learnt their lesson from previous incidents.
Here, it is advisable to be particularly attentive to any medical, physical
or psychological needs the individual might have. It is important to find
out as much information as possible from the individual's family and his attending
physician about his state of health and, wherever possible, to have a full
examination carried out and accurate diagnosis made before the individual
is placed in the cell.
Actual, physical surveillance should also be increased.
The research shows that, in many cases, officials with police powers probably
lack the practical knowledge needed to take effective action in problem situations.
In this connection, the CO2 measuring device is, in our opinion, the most useful tool – indeed
it is downright essential – in carrying out mobile inspections of trucks transporting
goods.
In this area, too, cooperation with the Aliens Office has been stepped up.
It should be noted, however, that the transfer of illegal immigrants to the
centres operated by the Aliens Office absorbs a good deal of police capacity,
a situation that creates problems – mainly for the local police. Lastly, this
inquiry also highlighted the need to reassess the function of the neighbourhood
constable.
Standing Committee P
intends to emphasise yet again the highly sensitive nature of repatriation
and the extremely difficult conditions in which members of the integrated
police detachment are required to perform their job.
Once again, developments in this inquiry prompted Standing Committee P
to highlight the difficulties encountered in gaining access to certain information
or full information, as well as the lack of transparency within certain parts
of the two-tier, integrated police.
The police and
the municipal authorities sometimes have a great deal of difficulty approaching
various groups in a pertinent way, given that they are many and of a highly
dissimilar nature and origin.
Obviously, a clear and unqualified distinction should be made between the
conduct of travellers and the conduct of other groups or itinerant gangs of
criminals named by the police.
In this connection, Standing Committee P is of the opinion that the following
are required: (1) raising awareness among officials with police powers;
(2) providing special training; (3) appointing a municipal or zonal
ombudsman for these kinds of issues.
Police officials
are raising the awareness of and further involving community-oriented police
officers by emphasising that encounters with marginalised individuals provide
an important opportunity to re-establish their link with society. In our opinion,
it is also important to update the OOP circular 15b [8] and to organise the appropriate training courses involving – why not?
– external stakeholders in the social sector, such as the Service for the
Fight against Poverty, Insecurity and Social Exclusion.
We felt a rather widespread desire on the part of the social workers involved,
regardless of their origin, to join forces with community-oriented police
officers in joint strategies, so that intervention is carried out from the
viewpoint of integrated assistance, giving each group of players the opportunity
to get to know each other better.
Would it not be judicious to clearly define a line of conduct or, better yet,
an operating strategy in each zonal security plan, even when this phenomenon
is absent or has a low-level presence?
In this particular
area, a selection of cases will be taken on board each year in such a way
that this first part of the inquiry can be monitored constantly and so that
developments and trends can be spotted.
As is the case in other countries, it would be useful – in terms of follow-up
and corrections made in that regard – to develop a report form that has to
be filled in after using any firearm or anytime that force has been used
[9] . The authority should also make it compulsory for such reports to
be forwarded to Standing Committee P.
Police officials
at various levels must realise that such practices are not desirable. We are
entitled to expect them to take all steps to ensure that their police officers
avoid using any weapons or techniques except those authorised by law.
Alternative training would be appealing because it would offer "something
other" than the legally stipulated training. Consequently, it is also
important to take an interest in official training courses and in the reasons
why they are not satisfactory for everyone.
The federal police authorities explained that they would take the necessary
measures to ensure that only those training courses in weaponry and crisis
management would be given that have been previously checked and approved.
It is important
to point out that users are not always aware of the confidential or precarious
nature of the data to which they have access. With regard to general preventive
checks on the use of police databanks, it is worth reiterating that the Directorate
of the National Databank (DSB) can check the identity of individuals who have
consulted specific data.
Standing Committee P is of the opinion that this aspect should be better
taken into account in Common Directive MFO-3 of 14 June 2002.
Certain events can be approached in two ways: (1) proactively, by members of the Investigation Department, who take part in the Public Order Unit as observers; (2) reactively, opening an inquiry pursuant to a complaint or at the initiative of Standing Committee P or its Investigation Department. Judicial cases are also a fertile ground of elements that form part of the oversight tasks of Standing Committee P.
We can conclude that, across the board, the quality of preparation and written orders was good -- in fact it was very good. It was also very clear that the principles of managing public areas through dialogue are making headway.
1.13. Maintaining order during sporting events (football)No conduct prompting
either the excessive use of force or restraint was noted in respect of the
police forces during in-field observation.
However, some observations need to be made: (1) the paltry implementation
of the information cycle (especially with regard to the leadership of research
structures and the processing of information); (2) the lack of training
for spotters by the corps leadership and the varying definitions of what a
'spotter' actually does; (3) poor consistency in relations between 'away
spotters' and the leadership of the Public Order Unit.
Standing Committee P is of the opinion that it is advisable: (1) to
better inform the police officers assigned to handling and managing football
matches; (2) to provide the correct context for statistics (What is the
current level of infrastructure? What agreements have been concluded with
supporters' groups? What developments have there been with regard to high-risk
supporters? What developments have there been in general? etc.); (3) to
continue investing in networks of spotters at the behest of the Full Security
Football unit; (4) to monitor training courses.
The Astrid concept
implemented by the company Astrid and the provincial CICs is essential for
ensuring and effective and efficient police service.
The implementation of CICs is synonymous with new changes within the police
organisation. The various zones are willing to cooperate – albeit to a relatively
limited extent. The transition to CICs is very complicated and establishing
a symbiotic relationship with them is a major challenge.
The inquiry into the implementation of the 'new call centres' – as recently
initiated – will be pursued as part of the inquiry into the operation of the
101 call centres.
This type of monitoring – i.e. Standing Committee P's monitoring
of other monitoring bodies – is one of the strategic choices made by Standing
Committee P with a view to empowering the police authorities in connection
with the handling of complaints. The specific and systematic monitoring of
the organisation of internal monitoring and of the monitoring of the results
of the handling of complaints by the police forces is one aspect of monitoring
that merits further exploration.
In addition, emphasis can be placed on the need to: (1) update circular
POL 48 governing monitoring of both the federal and local police forces; (2) incorporate
internal monitoring as a component in management; (3) create a framework
defining the rules to be respected with regard to the handling of complaints,
in terms of both form and substance; (4) establish an in-service training
scheme to help devise a standard, systematic procedure for handling complaints
within each police service.
Once again, we
noted that the figures in this area are rather hard to obtain and vary widely.
One point which was often raised with individuals encountered but which did
not strictly fall within the scope of our study is Autonomous Police Action.
Even if this mod of action brings with it autonomy and a certain value for
the police force, it is very much considered to be a way for the public prosecutors'
offices to unload administrative tasks onto local police forces.
We are also thinking that efforts should be made to temper the trend and to
act prudently when tasks are removed from the police forces.
In addition, interactions between police forces, police officers and bailiffs
will be analysed in depth. Officials with police powers should benefit from
precise instructions.
The survey showed
that, in most corps, the certificate is issued by the relevant administrative
department in accordance with the circular. In just four corps visited, it
is still issued by the police.
The rules on issuing certificates of good character
have definitely changed a lot, but they are still no clearer to either the
applicant, the authorities empowered to issued the certificate or to the local
police.
Independently
of the procedural problems involved during hearings and the formalisation
of hearings, we also noted on many occasions gaps in how reports and official
reports are drafted. Since the 'official report' is the only tool allowing
the judging authority to be accurately informed of the elements that make
up the infraction, it must be accurate and unambiguous.
We can only congratulate the initiatives taken to raise awareness among not
only the police officers involved, but also magistrates, as to the urgent
need to raise awareness of the police officers involved as well as magistrates
to the urgent need to pay particular attention to evidence. However, we noted
that in certain cases that the measures taken to preserve the scene were not
sufficient, leading to contamination of evidence.
At present, the
forensic laboratories of the federal police are saturated with work, meaning
that they are unable to offer the level of quality and efficiency that is
rightly expected of them.
Steps must absolutely be taken to: (1) plug the
legal gap burdening the Forensic Unit (definition, organisation, personnel,
duties, external collaboration) by drafting an ad hoc royal decree; (2) adapt
and clarify the DNA Act to make it more practicable and model intervention
practices to make them effective and efficient; (3) create a centralised
specialist support unit for technical findings in the most complex cases;
(4) create a national network for the full and centralised exploitation
of evidence, the advantage of which would be that it could compare evidence
collected in different districts.
Standing Committee P has decided to monitor this issue over the next
two years. By the same token, it will continually examine the principles and
practical details governing agreements and cooperation between the local component
of the integrated police and specialist units in order to, where necessary,
formulate recommendations so that the Forensic Unit can make a genuine contribution
to the operation of the integrated police.
In our opinion,
it would be pertinent to go into further depth in some of the aspects of our
inquiry. For instance, events of assault and battery demonstrate a fundamental
ignorance of the right to physical integrity.
The results of the recurring motifs of nonfeasance are classified in descending
order: (1) refusal or failure to lend medical assistance (26.19%); (2) arrival
on-site but failure to take action (19%); (3) assault and battery by
the police (19%); (4) delayed medical assistance (11.9%); (5) referral
to another department without passing on the relevant administrative data
(9.5%); (6) failure to respond to a request for assistance (4.75%); (7) failure
to respond in a timely fashion to a request for assistance (4.75%); (8) failure
to document information on assistance provided or to draft a report, forgery
(4.75%).
The data at our disposal
on racism and discrimination are most often rather limited.
The initial use of data in this area is not yet very significant and it should
therefore be supplemented over a significant period in 2003-2004, and even
With regard to the issue of diversity within the police force, we also sent
an official request to the Commissioner of the federal police asking for information
on: (1) all of the initiatives and measures taken by the federal police
to fight, internally, acts of racist discrimination and encourage the integration
of non-Belgian personnel; (2) all of the initiatives and measures taken
by the federal police in order to internally implement and raise awareness
of the new legislation on acts of discrimination in the broad sense of the
term.
In light of the analyses already made, and in light of the answers given by
the federal police, we are preparing similar questions to be sent to a sampling
of services in the local section of the integrated police.
Once again, examining this issue provides an opportunity to highlight the
importance of introducing a Code of Ethics as soon as possible and ensuring
the implementation of such a Code.
Also in connection with this issue, the conduct of police officers in their
relations with the citizenry could be improved. Police training should focus
more on the different mindsets and customs of people of different origins
in order to approach individuals in the most appropriate and efficient way.
Nothing in the attitude of police officers should evince a lack of objectivity
or fairness.
Standing Committee P is of the opinion that it must make the following
recommendations: (1) it is advisable to devote a compulsory module in
basic training to the issue of domestic violence and to also include it in
in-service training; (2) special attention must be paid to the quality
of data entered into the la national databank (BNG). The quality of data can
be assured by highly attentive quality controls by the 'functional managers'
(gestionnaires fonctionnels) of the local police zones; (3) an
integrated approach must be taken across all zones, with the emphasis on uniform
reporting of reports of police misconduct or accounts of such incidents with
a view to establishing a file; (4) essential information must be disseminated
to those in charge of reception, active officers and neighbourhood constables
in order to boost awareness of the need to draft official reports for such
incidents; (5) a check-list can be used as a guideline to help draft
uniform, high-quality official reports in this area; (6) Parliament should
empower the public prosecutor's office to impose urgent and binding measures,
such as forcing the perpetrator to leave the home or, in other words, longer-term
measures than temporary administrative arrest
[10] ; (7) modifications and clarifications can be made to the legal
system for seizing weapons in cases of domestic violence, even if the weapons
are not directly linked to the reported incident; (8) the Institute for
Equal Opportunities could be appointed as the coordinating body and, as such,
could be kept informed of matters by the administrative and judicial authorities.
The various facets of this issue must, for the most part, converge towards
an optimal police approach, even though the police are only one of the stakeholders
involved. Harmonising the various components – emergency services, judicial
stakeholders and the police -- is a prerequisite for an efficient, long-term
approach to the problem. Given the scale of this issue, Standing Committee P
plans to continue monitoring it.
We were also forced to note, at the beginning of this inquiry, that the federal level evinced very little interest in putting together an exhaustive inventory – i.e. a catalogue – of the various offers of federal or local support.
1.24. Special unitsAn initial option
for 2004-2005 is to determine which corps are designated as 'special units',
when they intervene, etc. This study will then make it possible to draw conclusions
about the usefulness – or indeed the advisability – of having special units
within the local police.
In 2004-2005, Standing Committee P plans to examine the definitive conclusions
of the working group established at the initiative of the federal police in
order to coordinate the various units of the federal and local police that
took part in special police response actions. At the same time, Standing Committee P
will check that these conclusions have been implemented.
During a check
carried out in July 2003, it was noted that data input was not always satisfactory,
in terms of either quality or quantity.
According to the Directorate of the National Databank (DSB), the samples taken
show a clear improvement in the transmission of data by the local police zones.
Standing Committee P is of the opinion, however, that there is every
reason to at least be cautious about this statement given the conclusions
of the inspection inquiry into information management by the integrated police
force.
The issue of interpolice crime statistics is part of the information management
task carried out by the integrated police. Standing Committee P therefore
decided to continue dealing with the issue as part of the above-mentioned
inspection inquiry, paying particular attention to initiatives designed to
improve the quality of crime statistics and implement the measures set out
in the national security plan which in turn aim to create a quality management
system for operational information and statistics.
With regard to
the operation of Belgian liaison officers abroad, we noted – as did the federal
police – that there are still various legislative and practical problems.
This is true with respect to the circulation of information within the federal
police force (content and technical aspects). However, some problematic areas
were fully or at least partly resolved.
Standing Committee P will pursue its activities in 2004-2005, looking
into the effectiveness and efficiency of changes made and future improvements.
Standing Committee P
will continue to devote attention to these issues in connection with its inspection
inquiries into the Provincial Traffic Units and on the use of coercion (force)
during police operations.
Full Integrated Police Actions (FIPAs) are carried out on key roads
said to be used by certain criminal organisations. Apart from the police,
the judicial authorities also play an important role in this respect. In fact,
in addition to functioning as a deterrent, FIPAs are also designed to lead
to the arrest of criminals and the seizure of evidence.
In large-scale operations, especially those involving the Organised Theft
Department, the relevant District Information Hubs (CIAs) and the Directorate
for the Fight Against Property Crime (DJB) must support information-related
activities. They must inter alia endeavour to show a proper image (type,
nationality, new criminal processes, etc.) and must make their contribution
in the area of inspection and identification.
The negative assessments and comments seem to outweigh the positive.
The issue underlying
this inquiry into capacity is no doubt still overly general, or even overly
controversial or political.
It is facile to protest that there is a lack of resources without properly
substantiating these claims; always asking for more (with the emphasis on
input) is definitely not the answer to everything. The capacity issue is highly
complex, especially for a police organisation.
Now, resources are generally earmarked for those activities where there is
a desire to provide them, even though that might not be the best choice.
In the current state of play, the main recommendations remain as follows:
(1) it is important to develop a uniform measuring system for the various
zones, making it possible to gauge the capacity needed for the various police
tasks; (2) it is also essential to review the standards and regulations
established in connection with changes on the security front that are likely
to impact on available capacity.
The assessment inquiry, which deals with the impact of standards and regulations
and the application of a uniform system for measuring capacity, especially
by the zones in the Brussels Capital Region, will make it possible to generate
the required information – provided that every party involved fulfils its
responsibilities – in order to make optimal use of available capacity and
to ensure that it is in line with the legal missions that need to be carried
out, independently of any overly theoretical reference framework.
It is also worth noting that it is possible, in practice, to start measuring
many things, with the ensuing risk of going overboard. Measurement activity
must well thought-out. It must remain manageable and must not become an end
in itself.
One positive
consequence of the inquiry carried out at Standing Committee P's initiative
has to do with the many steps taken within the zones visited and at federal
level, even before the inquiry was over. However, in view of certain specific
files, Standing Committee P would like to take this opportunity to assess
– within a given department or zone – how the issue is tackled in particular,
especially since follow-up inquiries have shown that the situation in the
field was far from satisfactory.
It would also be desirable if it did not take too long for the new regulations
for the integrated police to be issued.
Standing Committee P carried out a follow-up inquiry
in some 20 zones that hasd been subject to an inspection inquiry in the past,
either in the zone itself or in one of its components. One positive point
we would like to highlight is that there is significant investment in high-quality
neighbourhood policing, with provision made for a high level of availability
and active involvement in neighbourhood life.
One negative point, however, is the circulation of information between the
neighbourhood policing level and other corps departments; information is not
always circulated in a structured manner.
All of the corps visited in connection with the follow-up inquiries complied
with the standards in terms of reception. With regard to intervention, the
standards were met or even exceeded. The majority of corps developed agreements
with neighbouring corps so as to be able to manage peak periods. Standards
with respect to investigations and local inquiries were met, with one exception,
and even exceeded in some cases. The necessary training efforts were made
where required, allowing those involved to carry out their investigations
in a suitable fashion.
With respect to the issue of maintaining order and the traffic police, the
corps made sure to provide the requisite training. Where police support for
the victims of crime is concerned, most corps have signed interzonal cooperation
agreements in order to provide round-the-clock support.
Standing Committee P also focused its attention on relations with the
Administrative Coordinating Director (DirCo) and the Judicial Director (DirJu).
All of the corps emphasised the 'usefulness' of the DirCo. The support on
offer is generally well known, with the exception of the options available
in terms of strategic and operational analysis. The following should be emphasised:
(1) the role played by the trade unions in modifying timetables; (2) the
personnel shortage or the KUL standard that is too low with respect to the
specific characteristics of the zone; (3) the absence of internal communication;
(4) vast and complex administrative regulations which end up becoming
an area of specialisation in themselves; (5) wasted capacity in that
the departments are spread across several sites and must be shared among new
tasks; (6) knowledge of the law on the police function and criminal law
which, as police officers acknowledge themselves, could be better and the
problem of attitudes in that there is a widespread nonchalance; (7) the
communication skills of police officers, which in many cases could be improved.
During its next year of operation, Standing Committee P is keen to check whether it is possible to improve the organisation and operation of collaboration and of the exchange of information between those departments involved in fighting terrorism, as well as the cooperative links between them.
1.32. SponsorshipUnder no circumstances
may an official with police powers solicit, either directly or via an intermediary,
donations allowing him devote himself to a sport. The means of procuring funds
may, however, be such that it does not put the officials in question in an
awkward position. Accordingly, some corps commanders and department heads
have created non-profit associations which, through advertising entrusted
to a private body, collect funds which police officers can use so that they
can devote themselves to their favourite sport. The very act of a police representative
knocking on the door of a private individual -- even in plainclothes while
off-duty -- to request a donation to help him take part in a sporting event,
the only benefits of which are satisfying himself, are never interpreted as
anything other than a favour for which a return favour will one day be expected.
The inquiry will continue in 2004-2005.
In the view of Standing Committee P it is important that the authority
and the other officials adopt a clear stance on this matter and inform all
persons concerned of said position.
Studies and experience
from other countries show that an independent police force is essential in
order to successfully pinpoint corruption and successfully carry out complex
inquiries into strategic corruption of officials with police powers. Special
investigation techniques are just as essential. The inquiry will continue
in 2004-2005.
While the royal decree establishing the police code of ethics provides for
broadening the concepts of job integrity and dignity, it does not focus sufficiently
on the issue of corruption – at least that is the opinion of Standing Committee P.
In performing
their duties, police officers regularly come face to face with accidents,
death, disasters, calamities, and conflicts that expose them to emotional
trauma. However, many of them forget that exposure to such incidents does
not immunised them.
During the period from 1 January 2001 to 31 December 2003, Standing Committee P
was informed of 43 cases of suicide by police officers and 5 cases of
attempted suicide. The average number of suicides by police officers over
the last ten years is 19 per year. Proportionally, this number exceeds the
average suicide rate of the Belgian population; this was evidence enough of
the value of carrying out a study into this subject.
The inquiry, which began in late 2003, will continue throughout 2004. The
findings taken from interviews of the families and friends of individuals
who have committed suicide should help with developing a series of ad hoc
measures to prevent these human tragedies as far as possible.
In 2003, the Standing Police Monitoring Committee also carried out other inspection inquiries into the following: the reception function; the management of informants; the police and minors; the management of information within the two-tier, integrated police force; police capacity in the area of computer crime; police websites; establishing the exact number of officials with police powers in a given police zone at any given time; police dogs; provincial traffic units; the metro police.
2.
Progress in implementing the laws
of 7 December 1998 and 5 August 1992
The local police
– as sought by the 'Octopus Agreements' -- are keen to provide 'community-oriented
policing' within the framework of an integrated police force. In essence,
this means that they must stick as closely as possible to the specific characteristics
of the local community. The personnel in a given police corps must be sufficient
to allow it a certain minimum level of functionality. However, it would appear
that the smallest zones are having difficult providing certain functions.
This means that corrective steps need to be taken.
One solution, already mentioned in our previous annual report, could be to
bolster cooperation between police zones – on a compulsory basis – while taking
account of the local autonomy and local needs.
Moreover, some local officials are of the opinion that their zones are a bit
too small or do not have good links. Certain observations lead us to believe
that it is practically impossible to work in a zone with fewer than 120-150
individuals.
Also worth highlighting is the fact that the police college is one of the
initiatives which actually functions correctly under the reform. The corps
commander undoubtedly plays a central role, so that individual relations with
mayors are such that there is a much greater potential for negotiation. The
corps commander thus emerges more as a professional partner than as a subordinate.
Measures have
been taken to encourage the allocation of personnel to the Brussels Capital
district and to encourage them to stay. In addition, 472 new members of staff
were detached to the various zones in Brussels. In this respect, it is important
to reiterate that the lack of personnel in Brussels predates the reform; it
was just as critical before the reform.
Some zone chiefs are sometimes a bit quick to say that they have 15% fewer
personnel in the field. That is not always the case everywhere. Often – in
fact practically always - there are no accurate data, which means that great
caution is called for here.
In our view, it is also very important for the public prosecutor's office
to significantly reduce the number of notes and reminders for traffic violations
and to seek out new avenues.
There have been many indicators in the Brussels Region in particular, but
also elsewhere, that reception at police stations can definitely be improved.
Ever since becoming
aware of it, the federal level of the integrated police force has been clearly
endeavouring to apply to the actual situation most of the findings of the
audit carried out by PWC (PriceWaterhouseCoopers). Several tangible results
have already been seen: (1) the reorganisation of directorates that are
directly answerable to the Commissioner, the aim being to give the Commissioner
tools allowing him to fulfil his role as the 'overall coordinator'; (2) freeing
up operational capacity by replacing operational personnel who handle administrative
and logistical tasks with non-police personnel.
With regard to the national security plan, the first phase of the management
cycle – i.e. preparing, drafting and approving the national security plan
for 2003-2004 – was completed.
The judicial pillar has not always received the attention it merits, which
might seem surprising given the reasons underlying the reform. Some achievements
would also improved by being better highlighted and considered: the model
governing the internal operation of the Directorate-General of the Judicial
Police (DGJ), the capacity study, interaction with the Judicial Police Directors
(DirJu) regarding the national security plan, the concept of 'intelligence-led
policing'.
The Administrative
Coordinating Director (DirCo) did not always have the opportunity to display
its full potential or to contribute its full energy and know-how to integrating
the two tiers of the police force with a view to achieving more efficient
operation. The DirCo must also encourage the zones to conclude as many interzonal
agreements as possible, both operational and non-operational.
With regard to logistical and administrative support, the two levels still
need to be found (there is still some friction and tension), even though things
are steadily improving. We should also point out that in many places, support
is provided very efficiently. The federal police have made major efforts.
In many places, the local police are also more efficient than they used to
be.
The management
of shared information is one of the key mechanisms in implementing the integrated
police. An information-oriented approach is one of the pillars holding up
the operation of the two-tier, integrated police force. Zone chiefs absolutely
must be made aware of the importance of circulating information (as provided
for in MFO-3), must acknowledge and embrace the spirit of this guideline and
must take steps to provide the resources and structures allowing the functional
managers to respect these obligations.
In the current operational framework, the individual zones must realise that
their interest does not lie just at local level. The zones must be prepared
to make efforts to help improve the operation of the other zones at federal
level, in other words of the two-tier, integrated police force.
Common circulars
from the ministers for home affairs and justice described what had to be done
with respect to the Information and Communication Centres (CIC) and District
Information Hubs (CIA).
Even if many of the lessons have already been learned, especially in connection
with the inquiries carried out, it is not possible to say that the CIAs are
operating optimally. The controversy surrounding the publication of crime
statistics demonstrated this once again.
Many authors and stakeholders have an unfortunate tendency to forget that
maintaining public order is, most often, a local responsibility and power
wielded by the local authority.
The new MFO-2a directive – on the local police managing personnel
capacity and providing back-up during missions carried out by the administrative
police – does not resolve all of the problems.
As long as the system of providing officers 'on-loan' (Hycap) offers a free
alternative, lateral support with respect to public order will tend to be
the exception rather than the rule. MFO-2a therefore seems destined
to be nothing more than a transitional directive, just like the Hycap system
itself, which is meant to serve as a transition between the old system of
'detached units' (unités de marche) (from the former gendarmerie, which
usually worked very well) and the future system of reinforcements brought
in from outside the police zone (renforts supralocaux).
The positive
aspects of the operation of the police force include the management model
that has actually emerged in many police corps which, regardless of the form
it takes, contributes to a higher degree of professionalism in the short and
long term – perhaps more so in this area than in any other.
Where remuneration is concerned, it would appear that the technical tools
making it possible to ensure fair remuneration for everyone have sometimes
been difficult to put into place, bearing in mind certain features of the
local authorities. 'Recurrent' payments (e.g.: monthly salary) no longer cause
any problems because the required data have been computerised and stored by
the social-accounting secretariat, but the reimbursement of occasional expenses
(e.g., overtime, medical expenses, etc.) for which the data are still transmitted
'manually' to the social-accounting secretariat takes longer. Particular difficulties
are still faced for the year 2001 and cooperation between officials – especially
at local level – has not always been optimal or particularly efficient.
In the view of home affairs minister and the various corps commanders, greater
flexibility is required in terms of applying the regulations governing the
working conditions of police officers. Indeed, it is not always simple to
meet all needs while at the same time complying with the provisions set out
in 'Mammoth'.
A solution should also be found to the consequences of the of the judgement
handed down by the Court of Arbitration on 22 July 2003, repealing certain
provisions of 'Mammoth' with respect to members of the judicial police.
The key problem will be finding a solution that complies with the judgement
while at the same time avoiding opening the way to fresh demands from other
categories of police officer.
The many recruitment
campaigns and also, doubtlessly, the final measures adopted in order to encourage
young people to apply for police training in Brussels are apparently starting
to bear fruit.
The process of awarding a specific status to CALogs is currently under way
and is proceeding without too many problems: 71.54% of relevant personnel
in the federal police had been attributed a status by 1 October 2003. Similar
efforts should be taken with regard to the local component of the integrated
police force.
According to some, the systematic expansion in the number of executive-level
personnel goes well beyond the need for more executives. In practice, the
number of executive-level personnel is growing faster than the number of field
personnel – especially within the judicial police.
There are also doubts about the career prospects of young officers who are
university graduates within the integrated police force; this is very unlike
the situation in the private sector and even in the civil service.
There should
also be just one information network for each province to which all departments
will be linked; it will supply information upwards and downwards.
It cannot be emphasised too much that more personnel are needed in the CICs
and CIAs. This issue involves both levels of the integrated police: CIC and
CIA have always been in the background with respect to the law on the integrated
police force; they are among the leading integration-oriented mechanisms clearly
desired by the 'Octopus Agreements' and the law of 7 December
"More bobbies
on the beat!". According to the determination set out in the most recent
government agreement, administrative and logistical jobs must be held by CALog
personnel. According to the allocation approved by the Ministry of Home Affairs,
1,080 members of the operational personnel of the federal police holding a
job earmarked for a CALog staff member will have to leave that job; they can
move to an operational job in the medium term, or take retirement. This operation
will span several years (up to and including 2009), at a pace of 150 jobs
shifting to CALog personnel per year, achieved thorough a combination of retirement,
redeployment, training and general support. The most recent government agreement
also includes various measures designed to increase operational capacity without
generating additional costs for the municipalities.
The work done by neighbourhood constables all too often boils down to executing
official requests from the public prosecutor's office, often for traffic violations.
Changes are currently being made.
A working group is currently looking into updating the circular of 16 February
1999, which implements Article 25 of the law on the police function,
stating that the police function cannot be encumbered with administrative
tasks other than those by or by virtue of the law.
Enhancing the status of neighbourhood constables, who are important factors in ensuring the success of the reform, poses a problem.
The tasks of transferring prisoners from their prison to the law courts and providing security within the law courts are handled by an embryonic security corps [11] . However, some parties have made sure to criticise what they call "a massive improvisational act" [12] . According to experts [13] , "protecting prisoners is still a job handled by the police, who must also be prepared to handle individuals who have been arrested". In other words, the police must in any case continue carrying out a series of tasks and missions [14] . One is led to wonder how that can resolve the lack of police capacity.
There are also
questions about relations and interaction between private security firms and
security provided by the public authorities. The transfer of certain police
powers to private firms – especially security firms – is an issue that caused
quite a stir during the previous parliamentary session. While that was the
political decision, these parties should be given the resources needed to
take over that part of the police function ultimately attributed to them and
should be subject to proper controls.
The various authorities must be asked to take the responsibility of implementing
the appropriate disciplinary rules in an intelligent, responsible and transparent
manner.
Moving beyond any debate and additional assessment of the Code of Ethics, it is, in our view, just as important and urgent to implement it as well as, where appropriate, to assess it in terms of all of its implications three years from now.
2.8. ResourcesIn December 2002,
the Council of State repealed the royal decree establishing the financing
of the municipal share for police zones. Given the need to quickly re-establish
legal security, a new royal decree was established on 15 January 2003 [15] , setting out specific rules for calculating and allocating municipal
contributions within a police zone covering multiple municipalities. However,
this new royal decree was in turn quashed by the Council of State. As we mentioned
in our 2002 report, it would be advisable to put the scope of this decree
into perspective, because the number and type of zones involved must be taken
into consideration.
It would appear that between 15 and 20 zones might still be coping with financing
issues. This is more a legacy of the past than a direct consequence of the
reform sought in the wake of the 'Octopus Agreements'.
The KUL standard -- which is meant to be dynamic, not static -- should be
reviewed at regular intervals. The situation in the large cities should also
be taken on board better. In terms of both financing and functionality, everything
had to be created from nothing: these are difficult intellectual exercises
in decision-making. It would be advisable to define benchmarks that are reliable
and geared to the new local situation on the ground – including the police
situation – in other words to define a new standard tailored to the sociological,
morphological and infrastructure-related changes in the zone; this should
be done zone-by-zone, not municipality-by-municipality. That is the wish expressed
by the home affairs minister, who advocates creating a new, better balanced
standard enabling a more accurate calculation to be made.
The Local Police Reform Support Committee recommends – and it is not alone
-- that the new financing standard should give rise to a budget act capable
of meeting all the criteria for verification, such as objectivity, the principle
of equality, etc. We wholeheartedly endorse this recommendation. It is important
to ensure a certain degree of stability and for ad hoc decisions to be taken
and executed.
IT infrastructure (hardware and information management) is a serious issue
in certain local police zones. It is by no means rare to encounter several
systems or servers for a given zone which operates separately, without being
interconnected.
It should also be noted that the UVCW (Union des Villes et Communes de Wallonie)
condemns the lack of investment expenditure by police zones in Wallonia.
The royal decree [16] organising the terms and conditions governing the transfer of administrative
and logistics-related buildings from the central state to the municipalities
or to police zones covering multiple municipalities appeared five years after
the law of 7 December 1998. However, the municipalities or zones may appeal
against the valuations given to buildings and the land transferred. Here care
must be taken to avoid getting caught up in a fresh wrestling match between
the federal and municipal level which, at the end of the day, will only hurt
the implementation of the police function. It should also be noted that there
are also infrastructure problems – some of which are quite significant – within
the federal police.
While the home affairs minister told Parliament that the Astrid project should
be implemented for the cities and municipalities at no additional charge
[17] , the financial challenge remains very sizeable for the municipalities.
This may well prove to be a very sensitive bone of contention in the future,
not to mention the need to have a system which works everywhere, which is
based on equivalent criteria and which gives priority to the functional aspect
and to community-oriented police forces.
It also appears now that zone chiefs are adopting diverging positions on the
issue of dispatching: some want to continue dispatching at local level (decentralised),
while others want a centralised approach.
Lastly, the nearly 40,000 police officers should all be fitted with a new
uniform by the summer of 2004. "And about time too!", some might
say – and we would agree, for out in the field the situation is – to put it
bluntly – sometimes pitiful and even disastrous.
After one year
for the local police and two years for the federal police, there are no really
clear, verifiable signs that things are working any worse than before – although
there is plenty of room for improvement. On the contrary, there are signs
which indicate that the situation seems to be improving. Economies of scale
have been achieved, police stations are open round the clock, etc.
Where the issue of road traffic is concerned, in various places we have noted
that there are fewer accidents and fewer instances of serious bodily injury,
especially on the motorways and regional highways. Having had to cope with
some major missions over a two-year period (Euro 2000, BelEur, Eurotops, etc.),
sometimes even during its transition period, the police structure implemented
by the law of 7 December 1998 did quite well.
The prime minister
and the ministers for home affairs and justice asked the Police Reform Support
Committee to continue its activities. Various issues need to be dealt with:
monitoring absenteeism due to illness, disciplinary rules, progress in negotiations
with unions, mobility, information management, the social affairs department,
CALogs, the Fine Fund and administrative simplification.
The Committee was also asked to take an interest in – just like Standing Committee P
has been doing for some time now –the District Information Hubs (CIA), the
Information and Communication Centres (CIC), the status of 'special accountant'
and the new financing mechanism. We can only applaud this development!
However, the home affairs minister is aware that there is still a bit of tweaking to do, which is where the community policing project comes in.
For just over a year now, all of the police zones have been trying to get to grips with the concept of community policing and, when they really do it, all too often they each do it in their own way. There is a reference directive for 11 pilot zones. For some officials, it is urgently important – and that includes symbolically – to deal with this difficulty as quickly as possible because that is truly the philosophy underlying the entire police reform at local level, for it is the local police who must transpose the concept of community policing and make it work within a Belgian context. We wholeheartedly endorse these comments and proposals, which we ourselves have also made in the past.
At the risk of repeating ourselves, let us stress that police reform
has not generated tension everywhere – far from it. Some municipalities are
pleased with the collaborative effort, calling it harmonious and efficient.
The osmosis effect between the former municipal police officers and the former
gendarmes is also worth highlighting, even if some tension – sometimes blown
out of proportion – remains between certain individuals. In this respect,
certain parties have pointed out that the debate on reform was precisely a
debate on status and a debate on cost and budgets. There was never any debate
on the police function or on the fact that the primary purpose of police
officers is to correctly fulfil their mission: in other words there is no
question about "what the police should do".
Even though this is not one of the priority concerns of Standing Committee P,
it should be emphasised that a serious wage reassessment for police officers
is a major external incentive. However, based on management principles, it
can be deduced that this incentive has only a limited impact over time. It
is therefore desirable to focus as quickly as possible on greater security
in full transparency, achieved specifically by means of satisfactory working
conditions and a clear legal framework.
In connection
with the recommended approaches, quantifying the results achieved by the police
often plays a critical role. However, in our view, one must not expect too
much of such an approach; possible failings and unwanted effects must also
be taken into account.
Setting out performance agreements ahead of time in a contract is not easy
to reconcile politically with the nature of police work and corps freedom.
The planning office, however, agrees that corps commanders must be given more
extensive powers, but the quality of police work is hard to sum up in a series
of performance indicators. Concluding performance agreements can also limit
the possibility of reacting to future changes in the security situation.
It is very important
for an electronic connection to be established between the public prosecutor's
office and the police. A pilot project is currently underway involving traffic
violations. Thanks to this link, a file created by the police can be easily
recovered by the public prosecutor's office, leading to significant efficiency
gains: "integrated, across-the-board modernisation is very desirable".
In addition to across-the-board political consultation and an electronic link,
communication – which must go beyond merely issuing and executing official
requests – between the police officers who carry out the inquiry in the field
and the personnel from the public prosecutor's office is necessary. While
that is already the case for 'big' cases, this kind of communication is also
useful for 'smaller' cases, especially those where the police are – or should
be—carrying out the inquiry independently.
For the judicial police, the merger of the former BSR (Surveillance and Intelligence Unit) and the former PJ (Judicial Police) seems to be bearing fruit and providing an identical service for everyone across the country, in any case up to August/September 2003 (i.e. prior to the judgement handed down by the Court of Arbitration). The same cannot be said for everything established by the law of 7 December 1998.
Many people still have in mind the spectre of the ‘single police’, with more or less restraint or nuances. Others criticise the fact that, on this point, the home affairs minister does not really have oversight of the federal police, which remains all-powerful.
2.10. Critical reflections
It is worth taking
into account, in as good and complete a manner as possible, Parliament's objectives
in 1991, i.e. the integrated, coordinated and professional implementation
and carrying out of police work.
The need for stability must also be borne in mind, so that we can concentrate
more on and evaluate “what the police do,” and make such corrections as required.
It is also essential to pursue efforts at rationalisation, simplification, modernisation and professionalisation, without losing sight of the dictates of professional ethics and the trust and confidence of the citizenry.
According to
the European Sourcebook of Crime and Criminal Justice Statistics prepared
by the Council of Europe, our country is well within the European average,
with 1 police officer per 265 inhabitants [i] . It is worth stressing that the figures available include administrative
staff. We can therefore reasonably suppose that Belgium should, with some
adjustments, have a sufficient number of police officers, though this does
not mean for each component of the two-tier, integrated tired police, at any
given place.
Whereas it cannot be denied that the reduced number of police officers in
certain areas makes it difficult for them to carry out their duties, we may
nonetheless wonder how we managed to do so previously, with at times even
fewer officers.
The analysis of the overhead in many areas should also provide some explanation
on this, including some interesting, albeit not essential initiatives, in
a system undergoing integrated development.
While it is subject to qualification – namely that there are purportedly fewer police officers on the beat, that the administration is not simplified, but on the contrary, etc. -- the situation is nonetheless improving overall. We cannot however rule out that the local police are in certain areas still bogged down with priorities set by too many authorities, rendering police work meaningless, often to the detriment of the work done by neighbourhood constables. This means de facto a deterioration in the quality of basic police work.
First and foremost, the implementation of policing, i.e. of “what the police do,” must be better for the citizen: the police officer must be more visible, more accessible and easier to approach in the street. It would be a pity if the discussion focused solely on finances and organisation. The mission of the police is to improve the security and quality of life of the citizen. Even though they are important and downright fundamental in certain places and in certain respects, financial and organisational aspects are – at the end of the day – merely secondary considerations.
According to various observers, citizens are concerned more about petty crime and 'unbecoming conduct' than about serious crime. Efforts should therefore be concentrated community-oriented policing, promoting police visibility, and redeploying neighbourhood constables. In spite of all that, in many places, the neighbourhood constable seems to have remained the poor relation of everything undertaken in the last years to improve policing at local level.
It is apparently all too often forgotten that priority on community-oriented policing also entails that the police officer finally has greater independence but, aside from the independent police processing [18] which is not yet prevalent everywhere -- and its implementation seems to be encountering resistance here and there -- this issue may at times come up against the legal framework. Thus, the code of criminal procedure and certain persons in charge of implementing it, all too often consider the police as a simple instrument of the judiciary, at times even as a simple helper or postman. As such, the police officer need not take the least initiative, so he or she is torn, in a way, between these two trends.
According to some, in the multi-municipality areas, cutting the umbilical cord between the municipality and its “own police” could also be one of the faults of the system introduced by the Act of 7 December 1998. It is worth noting, however, that the mayor remains the administrative authority of the police on the municipality’s territory and that there is a police station in each municipality.
In the view of some examining magistrates, the police reform has short-changed the citizenry. It has purportedly clipped the wings of federal police officers assigned to inquiries. Others accuse (with almost as much insistence, albeit not always without reason) the “idea of management,” which they think handicaps police work in the field: “investigators are forced to waste time drawing up reports to justify how they spend their time,” and they denounce what is referred to as the bureaucratisation of the investigator’s work. For these examining magistrates, the investigation departments should be placed under the authority of the magistrates.
At federal level, the integrated police was established on 1 January 2001 and the local police zones were created on 1 January 2002. Today, speaking of failure would be idle talk. The change of the policing landscape has been brought about rapidly, on the whole. A series of related, yet essential conditions have not been always evaluated correctly everywhere. In an open letter, the heads of the Antwerp district stated that the new police organisation still has too many weaknesses: fragmentation of zones, bureaucracy, police councils without democratic authority, no local police supervisory committee, no clear delimitation of powers at all times, and a rigid status. Yet they also point out that in spite of all this, the system works; as can be confirmed from observations, inquiries and analyses. And yet, problems remain.
3.
Overview based on the annual reports
of the two-tier, integrated police force
Pursuant to the global monitoring of police work as implemented by the police forces, Standing Committee P has analysed the annual reports of the integrated police, so as to inform Parliament in a structured and systematic way about the extent to which the two-tier, integrated police performs its legal missions and the way in which its operating principles are given concrete form and adhered to. It will be possible in future to carry out an even more detailed analysis of the annual reports that federal police units will be required to draw up.
It is worth underscoring the importance of an annual report drawn up by the two-tier, integrated police. In the light of legitimate expectations and requirements for the transparency and justification of how the police operate and respond, Standing Committee P is convinced that an annual report undeniably contributes to achieving these objectives. Given the current state of play, there is no obligation to draw up such a report.
4.
Preliminary assessment of complaints
and reports of police misconduct in 2003
4.1. Complaints and reports of police misconduct
Private individuals
can lodge their complaints directly with Standing Committee P. The upward
trend begun in 1999 has continued. On 31 December 2003, Standing Committee P
received 1,786 complaints, or 25% more than 2002 (1,428) and 268.25% more
than 1999 (489).
This high number of complaints can be explained by a certain perception by
citizens, who still seem to think that the reform has not (yet) achieved its
objectives, even if recent polls and studies show increasing trust and confidence
in the police [19]
.
Greater assertiveness by citizens and growing recognition of the Committee
have contributed to the phenomenon, not to mention that the citizen, comfortable
in our generous welfare state, is very demanding. It is also worth pointing
out that complaints are at times used for the sole purpose of discrediting
the investigator or as a delaying tactic, in particular in judicial proceedings.
In recent years, Standing Committee P and its
Investigation Department have been faced with an exponential rise in the number
of private complaints and misconduct reports. Simply processing such complaints
and reports has undoubtedly a considerable impact on the Committee’s workload.
Parliament has expressly asked Standing Committee P to refocus its activities
on its key tasks and missions, i.e. protecting the constitutional rights and
fundamental freedoms of citizens, and coordinating and overseeing the efficiency
of the police forces. Against this background, Standing Committee P had
already developed new work and consultation methods, in particular with the
General Inspectorate of the Federal and Local Police and, within the police
forces, with the specifically internal monitoring services.
The recent legislative amendments enable Standing
Committee P to refer complaints directly to the departments concerned
for independent processing. Such complaints are flagged in such a way as to
indicate whether or not follow-up is compulsory. In 2003, 296 such complaints
and misconduct reports were sent to the Commissioner and to the other Corps
Commanders, while only 624 files were processed by their internal monitoring
service to prepare for a subsequent decision by Standing Committee P
convening in a plenary session. It should be noted that the complainant can
ask Standing Committee P for a second reading of the file examined by
the Commissioner, the Corps Commander, the Inspectorate General or the internal
monitoring.
4.2. Judicial inquiries
These cases,
which come to us directly from the judicial authorities were initiated as
complaints and referred accordingly afterwards, were up by 55.44% in 2003
(556) compared with 1999 (360). The Investigation Department cannot always
cope with the judicial missions referred to it. And yet, such missions contribute
only in an indirect, limited manner to the global, ongoing observation mission
of Standing Committee P. To enable it to concentrate fully on its mission,
it would be desirable, as already indicated in our 2002 report, to confirm
at once the proposals for ad hoc distribution of the judicial tasks
with the Inspectorate General of Federal and Local Police and the police forces
as regards crimes and misdemeanours attributable to officials with police
powers.
If the complaints are anything to go by, then the number of judicial cases
will most likely continue to grow.
4.3. Various allegations
Standing Committee P has produced a report entitled Intolérance,
discrimination, racisme et xénophobie au sein des services ou parmi les fonctionnaires
de police devoted to this issue in its entirety.
The Committee addresses allegations of mistreatment in its relevant report
and its contribution to Belgian reports on the respect of human rights. Through
them, Standing Committee P clearly shows its concern to make those involved
aware that force stems from the failure of dialogue. It should therefore be
used only as a last resort in a state subject to the rule of law.
As to abuses of power or the production of falsified documents, Standing Committee P
has asked, in an interim report, whether such negative conduct was sufficiently
sanctioned.
Drug use is on the rise, as we lamented in our previous reports and continue to do so; this trend continues unabated in increasingly alarming proportions. Many police corps have a zero-tolerance policy on alcohol, but this has not restrained certain officials with police powers from overindulging.
The category
of “Attitude and conduct of the individual official with police powers” covers
25% of the allegations, which is far from negligible, even in absolute terms.
There are 747 allegations of this type, among which the refusal to note, report
or transmit is remarkably the most prevalent, followed directly by an aggressive
or intimidating attitude, and then by the lack of respect, politeness and
use of inappropriate language.
In the “Failure to fulfil professional obligations” category, most complaints
are about a lack of neutrality, followed by those about how reports are drawn
up. These two categories go together and invariably broach the issue of the
professionalism of an official with police powers accused or held responsible.
Such allegations exceed the simple perception of the complainants, because
it is no longer a matter of a verbal exchange, but of a written document,
the form and contents of which can be judged.
As to the police force itself, there is quite a remarkable drop in all categories,
except for “workplace atmosphere” and “mobbing.” Is this in any way related
to the increased presence of women in the police? The question remains open.