An independent police service, answerable only to the parliament, is an essential component of a modern democracy, underlines anti-corruption expert Jim Costello.
By Sofija Mandić (BCSP)
@bezbednost_org
Jim Costello is a Police Oversight and Anti-Corruption Consultant who has worked in more than nineteen countries worldwide. He served in Irish police for thirty years and for seven years in Irish National Independent Police Oversight Agency, as a Senior Investigations Officer. The POINTPULSE met him at a conference discussing the challenges of the current system of control of police work in Serbia, organized by the OSCE Mission to Serbia, on 27 September 2016. We kindly asked him to share his knowledge and international perspectives on how police control and oversight should work.[1]
— Times are changing and we need to have public services following these trends. What kind of policing and police oversight do we need in the 21st century?
Policing in a modern democracy must be based on consent. That means the role of police is to provide a service to the public and the police should be seen as a service provider whose duty is to implement the law, in full fairness to all. An independent police service, answerable only to the parliament, is an essential component of a modern democracy. The very same rules must also apply to police oversight. An independent police oversight agency must act in full fairness to all parties and be answerable only to the parliament.
— You mentioned ‘Full Fairness’ as one of the main principles of policing and police oversight. How would you describe it more detailed?
It means treating every person that you meet, in the course of discharge of your duties, as you would like to be treated if the roles were reversed. It means treating people as you would like a member of your family to be treated, in similar circumstances.
— We need independent police oversight in order to have a police service responsible for its actions. On a broader level, what should be the mission of police oversight?
Professional police oversight seeks to support the role of the police in society. The system should work to build public confidence in the police. In doing so, the oversight agency must receive complaints from members of the public, decide fairly on the admissibility of complaints and initiate investigations, both criminal and disciplinary, as appropriate. While most investigations will be based on the receipt of admissible complaints, when matters of public concern occur, the oversight agency must also have the power, ex officio, to open investigations in the public interest.
— Can you briefly present us the Irish model of independent police oversight? When was it introduced and what are plans for the future?
The Garda Síochána[2] Ombudsman Commission is the National Independent Police Oversight Agency of the Republic of Ireland, established in 2007, and answerable to the parliament. The Ombudsman Commission consists of three members, appointed by the President, on nomination by the Government and approved by the parliament. One member may be a serving Judge of the Superior Courts, at least one member must be female and at least one member must be male.
The Commission acts based on complaints received from the public and on matters referred, to Commission, by the Police Commissioner[3], or on any other matter, even where no complaint has been made and it appears that a police officer may have committed an offense or been in breach of disciplinary regulations. The Commission may also examine police practices, policies and procedures with a view to reducing the incidence of related complaints. When conducting a criminal investigation, the Commission investigators, have full police powers, immunities and privileges conferred and all of the duties imposed on a police officer, by the criminal law.
In order to improve the model and make it more efficient and effective it is under constant review, and consideration is now being given to amending the statute in order to generate more proportionate responses to minor / service level complaints by making the procedures for dealing with these types of complaints more resolution orientated, rather than adversarial. The time and resources saved can then be redirected and more efficiently used to advance the other strategic objects of the Commission.
— In your opinion, what are the main challenges of police oversight in Serbia?
The main challenges to police oversight in Serbia are exactly the same as those in any other modern democracy. Achieving and maintaining independence, freedom from the control or influence of vested interests groups, these are the two greatest challenges. Independence is often undermined indirectly. That can be through unprofessional recruitment, manipulation of the promotional system, manipulation of resources and/or by removing committed public officials from key positions.
Achieving independence more concretely means: achieving statutory, budgetary and operational independence.
— What do you consider the precondition or most important first step for transition countries in setting up policing oversight?
Convincing the parties, by the power of your argument, of the national importance of underpinning the Constitutional Rights of the Citizens, by embracing the changes necessary to build a modern, independent, efficient and effective police service delivery structure, answerable only to parliament. The optimum structure must be simple yet effective.
For example, here is a simple three-tire top-down structure: 1) Parliamentary Oversight; 2) National Independent Police Oversight Agency; All of the Police Agencies in the State.
— Once achieved, what is the most important in defending the independence of the office?
Leadership is the key to defending the independence. At every level of the organization, in addition to being academically qualified, leaders must also be: dynamic, enthusiastic and committed, have proven track records of success and delivery. But most of all they must have the moral courage and strength of character to defend every aspect of the independence of their office, every day and to discharge his/her duties without fear, favor, malice or ill will and in full fairness to all parties. Saying ‘It’s only a job’ is not good enough, or being qualified but a ‘Timid Soul’. It takes much more than that to secure and maintain your independence.
[1] Interview is prepared and delivered under the auspices of the OSCE.
[2] Irish police or “The Guardians of the Peace”.
[3] Head of the Police Force.
Civil society organizations
dedicated to oversight of police integrity.