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Police Reform in Serbia Towards the Creation of a Modern and Accountable Police Service Police Reform in Serbia ·

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Police Reform in Serbia Towards the Creation of a Modern and Accountable Police Service Police Reform in Serbia · POLICE REFORM IN SERBIA TOWARDS THE CREATION OF A MODERN AND ACCOUNTABLE POLICE SERVICE POLICE REFORM IN SERBIA · Law Enforcement Department OSCE Mission to Serbia and Montenegro JANUARY 2004 JANUARY Law Enforcement Department OSCE Mission to Serbia and Montenegro POLICE REFORM IN SERBIA TOWARDS THE CREATION OF A MODERN AND ACCOUNTABLE POLICE SERVICE Law Enforcement Department OSCE Mission to Serbia and Montenegro January 2004 POLICE REFORM IN SERBIA TOWARDS THE CREATION OF A MODERN AND ACCOUNTABLE POLICE SERVICE Author: Dr Mark Downes Researchers: Sonja Stojanović Barry Ryan Adam Samuels Novak Gajić With assistance from all members of the Law Enforcement Department. Translators: Branka Bakić Snežana Opra Igor Mesner Law Enforcement Department OSCE Mission to Serbia and Montenegro January 2004 POLICE REFORM IN SERBIA TOWARDS THE CREATION OF A MODERN AND ACCOUNTABLE POLICE SERVICE Contents Executive Summary 5 Abbreviations 9 Acknowledgements 11 Foreword 12 Introduction 14 Post March 12th Capacity and integrity Police reform as an integral part of the stabilisation process 1. Police Reform as a Government Priority 19 Public participation in the reform process The Police Service as a political tool Recommendations 2. The 3 D’s – Decentralisation, Depoliticisation and Demilitarisation 22 Decentralisation Depoliticisation Demilitarisation Grading system for non-operational staff Recommendations 3. Police Culture and Community Policing 26 Public perception of the Police Service Characterising police culture Culture and community policing Proposal to establish a Municipal Safety Fund Recommendations 4. Police Education 33 Police High School Police College and Police Academy Police training centres Police trainer exchange Recommendations 5. Organisational Structure and Strategic Planning 39 The Vision Document Organisational structure Strategic development within the Police Service Recommendations 6. Administrative Reform, Human Resources and Career Development 47 Administrative Reform Human resources and career development Recruitment Promotion and evaluation Recommendations 7. Enhancing Police Accountability 52 The Office of the Inspector General Transparency of disciplinary procedures Ensuring police welfare Recommendations 8. Technical Equipment and Infrastructure 57 Infrastructure Technical equipment National operations centre Detention units/interview rooms Crime scene management/forensic capacity Recommendations 9. Re-Defining Interaction with the Media 61 Recommendations 10. The Fight against Organised Crime 65 Developing a national strategy Development of intelligence analysis capacity within the Police Service 11. Development of a Border Police Service 68 Border Police – basic training course Recommendations 12. South Serbia 70 Community inclusion as a confidence building measure Operational consolidation of MEPE Units Recommendations 13. The International Community 73 The OSCE Provision of expert advice and guidance Co-location of OSCE police expertise Monitoring reforms Co-ordinator of international assistance to the police reform process Establishment of international police reform fund Recommendations Annex I – List of Recommendations 80 Annex II – Terms of Reference 90 Annex III – List of the Interviewees 91 Annex IV – Total Number of Personnel in the Ministry of Interior HQ in 2002 95 Executive Summary Today’s police service in Serbia (Serbia and Montenegro) is distinctly different from the service that was used as a political tool during the Milošević administration, but it still has not realised those goals set by the Ministry of Interior for the establishment of a truly modern, representative and democratic police service. Progress has been made in reforming the Serbian police service over the past two years. The division between the State and Public Security Sectors, the introduction of more female police officers, the development of multi-ethnic policing in south Serbia, the establishment of the Office of the Inspector General and the recognition of the need for a philosophical shift in the manner of policing, have all contributed to the changing attitudes towards the police service by the people of Serbia. But enhanced political will is required as difficult decisions remain ahead for the Ministry of Interior and the Public Security Sector. Decisions regarding organisational restructuring, lustration of personnel, enhanced accountability and independent audits of Ministry resources are all in need of immediate attention. The reform of the police service is crucial for the development of a stable democracy, the creation of an open market economy and the development of political and social structures representative of the values and needs of society. Both international organisations and governments need to recognise the crucial role that the reform of the police service plays in stabilising transition societies. Furthermore, the police reform process should be viewed in the context of the need for a comprehensive review of the criminal justice sector. A number of changes must be instituted as a matter of urgency to ensure the correct course is established and that the tempo of the reform process is in line with the Ministry’s objectives. Creating the framework for reform is almost as important as ensuring that funds are available for the modernisation of the service. For this reason a serious structural reorganisation of the police service must be a priority. The division between policy and operations must be clear and distinct. Greater delegation of authority within the organisation and the decentralisation of decision making must become the norm rather than the exception. The effectiveness of the police service is hampered by its current organisational structure, burgeoning administration and inability to strategically chart the course of the reform process. Independent audits of the administrative and resource requirements of the Ministry and police service must therefore occur prior to any internal determination of personnel requirements and the reallocation of personnel within any new organisational structure. In connection with this, before any recommendations on the development of the police service’s depleted infrastructure takes place, an independent audit of needs and current usage of office space should occur. An urgent review of recruitment, promotion and human resource management within the police is required. This document will show that the organisational structure of the police service remains highly centralised and committed to outdated management techniques. Such a top-down approach further dislocates the management of the service from its personnel, 5 demoralises officers and stifles the belief that the police service is a viable career option for talented recruits. A thorough accountability system is required to ensure that the police service is free from the influences of organised crime and the remnants of the former regime. The assassination of then Prime Minister Zoran Ðinđić presented a picture of an administration that had not correctly assessed the extent of organised criminal activity within its ranks and a security sector in need of internal reform. The lack of internal transparency affects the ability of the police service to deal in an open and accountable manner with its officers and with the public. This has been perpetuated due to a lack of clear progress regarding internal accountability for the last two years. The recent appointment of the Inspector General is a welcome step forward, however it is the resources allocated by the Ministry which will reflect the importance of this function within the service. The aim should be to develop an independent institution with far reaching powers of investigation, supported by procedures that are clear and impartial. There is a need for the public to have confidence in the accountability process. This confidence can begin with improved communication of the procedures involved. Accountability alone is not sufficient in the fight against organised crime. There is also a need for some elements within political parties to acknowledge that the police service is not a political tool. Throughout the course of this study it became evident that there is a general impression at local level that the police service is an institution to be controlled. The term ‘accountability’ has no direct Serbian translation and is too often confused with ‘control’. While the police service is accountable (i.e. responsible) to elected institutions it should not be under the control of political representatives. Operational independence, control and responsibility must rest with an independent and professional police service. The establishment of a comprehensive criminal intelligence system together with an interception capacity within the police service is also imperative. This needs to be supplemented by the development of modern investigative methodologies, which will lead to a reduction in the dependence on unscientific interrogation techniques. The police service requires additional investigative equipment, so as to reduce the general reliance on the BIA as a source of intelligence. Respect for human rights and the presumption of innocence are the cornerstones of a fair and impartial criminal justice system. These principles must transcend the work of the police service, be reflected in accountability procedures and define the manner of their interaction with the public. The Ministry continues to view the role of the media as largely that of a public relations
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