Best Practices in Addressing Police-Related Corruption
Total Page:16
File Type:pdf, Size:1020Kb
U4 Expert Answer Best practices in addressing police-related corruption Query What recent insights are there regarding best practices to address police-related corruption and police reform to reduce corruption in the (security) sector? Are there success stories? And what are the lessons learnt from, for example, reform in Georgia (after a few years)? What are the crucial points to consider, also taking into account criticism regarding the weaknesses, rule of law standards, long-term sustainability and so on? Content Case studies and literature reveal that there is no “one size fits all” approach to curbing police-related 1. Overview of police-related corruption corruption. Rather, the case studies explored in this 2. Case studies paper demonstrate that any measures must take 3. Lessons learnt into consideration the political, economic and social 4. Reference environment of a country and address the root causes of corruption rather than adopting a Summary symptomatic approach. For example, in Singapore and Georgia, low salaries and poor working conditions for members of the police force were In many countries, the police force is commonly identified as a cause of corruption among lower identified as one of the most corrupt governmental level police. The cases of Hong Kong, Georgia and institutions (Transparency International 2017b). Singapore also highlight how determined police Police-related corruption may comprise of petty administrations, continuous political commitment, corruption where, for example, the public are and an anti-corruption approach with wide alliances expected to pay bribes for alleged traffic violations; between the public, private and civil society at the other end of the spectrum, corrupt police sectors, can make a huge difference in anti- officers can conspire with criminals and organised corruption reform efforts (DCAF 2012; Hope 2015). crime gangs in the trafficking of drugs, humans and weapons (DCAF 2012). Author(s): Krista Lee-Jones, Transparency International, [email protected] Reviewed by: Leslie Holmes, University of Melbourne Date: 13 June 2018 U4 is a web-based resource centre for development practitioners who wish to effectively address corruption challenges in their work. Expert Answers are produced by the U4 Helpdesk – operated by Transparency International – as quick responses to operational and policy questions from U4 Partner Agency staff. Best practices in addressing police-related corruption 1. Overview of police-related corruption Petty corruption among lower level police Background officers includes acts of bribery in everyday interactions with citizens (for example, by traffic Much of the literature adopts a broad definition of police). According to Transparency police corruption, which follows Transparency International’s Global Corruption Barometer, International’s definition of corruption: “the abuse of the police is the institution most often reported entrusted power for private gain”. Police corruption as being the recipient of bribes (Pyman et al broadly refers to “acts of misconduct by police 2012). For example, in the Middle East and officers aimed at obtaining financial benefits or North Africa, one in four people who dealt with other personal gains in exchange for selectively police paid a bribe (Transparency International enforcing or manipulating rules, as well as the 2016). conduct of investigations and arrests” (Chêne Bureaucratic corruption or administrative 2010). corruption refers to the misuse of internal procedures and administrative processes and However, cultural considerations must be taken resources for private gain, such as licensing or into account in any study of police corruption. a lack of response to citizen’s complaints Police officers are often confronted with morally against police officers. ambiguous dilemmas in the course of their work Corruption linked with criminal groups includes and, as discussed briefly below, corruption in the misconduct such as misleading investigations police can take many forms and occur in many or tampering with evidence. situations across many different cultures. This High level or political corruption occurs where moral ambiguity is exemplified by the dilemma of high level police officials abuse their power for “noble cause corruption”. Police are agents of the personal gain or for the benefit of political state and are bound by strict policies and groups to which they are formally or informally procedures. On the other hand, they are morally affiliated – in other words, criminal infiltration of committed to the “good end” (Crank, Flaherty & the state. Political interference may also occur Giacomazzi 2007). These roles can be conflicting in police investigations, false investigations and because the policies and procedures in place to the “framing” of political opponents. protect officers and the public can obstruct an officer from obtaining this good end (Caldero & The impact of police corruption Crank 2011). Noble cause corruption therefore occurs when a person tries to produce a just The impact of corruption in the police can be far outcome through unjust methods, for example, reaching. When basic functions of law and order police manipulating evidence to ensure a are compromised by corrupt practices within a conviction of a known offender (Merrington et al police force, the state cannot legitimately prevent 2014) and punish violations of the law or protect human rights (Pyman et al. 2012). Police corruption results Pyman (2012) argues that it is more pragmatic to in public mistrust of the police, rendering it more accept a broad definition that permits further, difficult for the police to perform what should be healthy discussion. Further discussion on the their primary task, countering crime (DCAF 2012). definition of police corruption can be found in It compromises the institutional integrity of a Arresting Corruption in the Police: The Global policing system and undermines its legitimacy Experience of Police Corruption Reform Efforts. (Hope 2015). Further, if the public is to respect the law, they must be confident that the police adhere Types of police corruption to the law in general, and that, in applying the law, they treat people equally (DCAF 2012). Corruption in the police ranges from petty corruption and small acts of bribery to criminal A serious result of police corruption is weakening infiltration and political corruption (Chêne 2010). ethical standards in society. If the public perceives Several reports provide a more in-depth discussion the police to be benefiting from corruption, this of the different types of police corruption (see, for could lower their own moral standards and make example, USAID 2007; DCAF 2012; Transparency them more willing to engage in criminal behaviour International 2012; Council of Europe 2015). (DCAF 2012). Police corruption can also damage a However, police corruption is generally categorised state’s international reputation if, for example, there into four types: is evidence of police involvement in transnational www.U4.no U4 EXPERT ANSWER 2 Best practices in addressing police-related corruption arms, drugs or human trafficking (DCAF 2012). In Di Puppo concluded that targeting highly visible short, police corruption can be harmful to areas of corruption can quickly enhance public trust democracy, the role of police in society and the in state institutions and the reform of the traffic community trust’s in the police force (Council of the police had an immediate positive effect on the lives European Union 2014). Further reading on the of ordinary Georgians (Di Puppo 2010). consequences of police corruption can be found in the Toolkit on Police Integrity. However, despite its successes, there is evidence that high-level misconduct persists in the Georgian 2. Case studies police force (Kupatadze 2012; Light 2014), and weak accountability of police structures remains a Efforts to curb police corruption have occurred in significant problem (Di Puppo 2010). Further, there many countries around the world, some more is a mixed record on the human rights protections successful than others. The following section afforded by the police (Di Puppo 2010; Kupatadze examines a number of case studies where reform 2012; Light 2014). The Ministry of Interior remains efforts have been identified as successful, at least a powerful, centralised and hierarchical state organ in part, in curbing police-related corruption. and lacks transparency, accountability and external oversight (Kupatadze 2012). Without adequate checks and balances, the result may be Georgia a police force still perceived not as protectors of the Georgia is an often-cited example of successful citizens but rather of executive interests (Di Puppo reform to tackle police corruption. According to the 2010). US Department of State, low level corruption is almost completely eradicated in Georgia due to dramatic police and institutional reforms (US Singapore Department of State 2017), and overt bribery and extortion have virtually disappeared in Georgia Police corruption was rampant in Singapore during (Light 2014). the British colonial period (Quah 2014). Analyses of police corruption in colonial Singapore indicate Before the Rose Revolution of 2003, the Georgian that it was the result of at a series of factors Ministry of Internal Affairs was a militarised Soviet- including: low salaries; poor working conditions; a style structure whose mission was to defend high degree of formalism in the police force; poor