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ANNUAL REPORT 2012 COPY the Norwegian Bureau for the Investigation of Police Affairs ANNUAL REPORT 2012 COPY The Norwegian Bureau for the Investigation of Police Affairs LAYOUT Newmarketing AS PRINT PJ-trykk, Oslo PHOTOS Marte Garmann Getty Images Stein Bjørge/NTB scanpix Berit Roald/NTB scanpix Politiforum Content Foreword 3 The Police and the Public 4 The Decision to search 6 The Notoriety of seizure, search and inquisitorial procedure 7 Strip search under arrest 8 Breach of duty of secrecy 10 The detained person’s right to be heard 11 The Correct use of handcuffs/hand restraints – seeing the unique in the usual 12 Police action against foreign beggars 14 The duty of the Police to inform 16 The duty of the Police to deal with dangerous situations 18 Case processing at two levels 20 Statistics 2012 22 Decisions to prosecute 2012 26 Emergency Turn-Outs in 2012 30 Court cases in 2012 32 Administrative assessments 37 The Norwegian Bureau for the Investigation of Police Affairs – organisation and staffing 40 The Norwegian Bureau for the Investigation of Police Affairs Leadership Group 42 Briefly on the selection of the Norwegian Bureau for the Investigation of Police Affairs’ employees 43 Commissioned Lawyers 44 241 651 About the Norwegian Bureau for the Investigation of Police Affairs 46 Articles from previous annual reports 47 Trykksak Foreword he Norwegian Bureau for the Investigati- have elected to say more in this report about er documents the police service’s own assess- on of Police Affairs is an independent unit who we are and how our work is organised. ments and conclusions, the Bureau found that T whose task is to investigate and rule on in the Bureau’s opinion it provided a good ba- whether or not prosecution is required in cases A debate on the Bureau’s function and the sis to assess whether there was conduct of that involve the question of whether employe- way we resolve the tasks we are set to deal a nature that may result in criminal culpabi- es in the police or prosecuting authorities have with cannot be linked solely to the number of lity and whether there is reasonable justifica- committed punishable offences in the executi- cases that are shelved. It is absolutely vital to tion for initiating an investigation. The events on of their duties. The unit has no formal con- see what’s behind the numbers. Which cases of 22nd July have raised questions about nection with the police and is organised as a have been shelved? Why doesn’t censura- amongst other matters the duty of police of- separate and independent unit under the di- ble conduct result in prosecutions? The Bureau ficers to act in dangerous police operations. rect auspices of the Ministry of Justice and pub lished summaries of decisions in all cases We have included an article in this Annual Re- Public Security, Civil Affairs Department. The coming from Investigation Division West Nor- port in which we discuss this question in some Civil Affairs Department is, in addition to the way in its Internet pages for 2011 and 2012. depth contra the threshold for possible crimi- Norwegian Bureau for the Investigation of The summaries have resulted in a minimum of nal culpability. Police Affairs, also the responsible organ for queries and questions from the media and the such bodies as the National Courts Adminis- general public. Our ambition at the start of the 22nd July was an extra-ordinarily extreme tration, the Criminal Cases Review Commissi- year 2013 is that we shall publish summaries event that with hindsight many agree could on and the Civil Affairs Authority and others. of the rulings all our cases. In doing this we will have been dealt with differently. The Bureau The Bureau, which has the authority to bring be providing those who wish to conduct a de- has investigated a number of cases throug- prosecutions, has as a prosecuting autho- bate on the Bureau and its work with a broa- hout the years where the circumstances have rity the same powers as the Public Prosecuti- der basis for forming their opinions. Our hope is been demanding and distressing, but not as on Service. The Director of Public Prosecutions that our critics and other interested parties will extreme. Amongst other matters this concerns can instruct the Bureau and can reverse the read the published material. questions linked to the capacity of operations Bureau’s decisions to prosecute. centres, dealing with queries and approaches 2012 has been marked by society’s following from the general public, discipline in commu- The work of the Bureau is criticised from time to up of the terrorism attacks of 22nd July 2011. nications and police response time in emer- time as a large proportion of the cases dealt After the 22nd July Commission published its gency situations. There are positive indications with do not result in prosecution. In the wake report on 13th August 2012, there has been a that in the wake of the 22nd July Commission’s of such criticism the question is often asked strong focus on the manner in which the po- report the National Police Directorate has a whether the Bureau could be organised diffe- lice deals with its tasks. Within the framework better understanding of the importance of rently to better advantage, whether the staff of authority laid down in its mandate, the Bu- good systems in learning through experience. recruited to carry out the Bureau’s work have reau has studied the report and concluded This will amongst other things create renewed the qualifications for the job in hand , and in January 2013 that there are no reasona- interest in NOU 2009:12, a responsible police whether the Bureau is worthy of public confi- ble grounds on which to initiate an investiga- force, transparency, control and learning. In- dence. The Bureau believes that it is vital that tion against individual police officers or police creased focus on learning through experience a unit that has such a unique area of work is units/divisions. The Commission delivered a will naturally enough serve to inspire the work monitored with Argus eyes. Our impression is thorough and well-researched report and it of the Bureau in the years ahead. however that many of our critics have too litt- appears that for the most part there is agree- le knowledge of the Bureau, the way we work ment on the Commission’s presentation and and the legal frameworks we work within. It assessments of the facts. When studying the is for these reasons, amongst others that we Commission’s report alongside amongst oth- 4 Norwegian Bureau for the Investigation of Police Affairs Annual Report 2012 The Police and the Public The public and the police meet he standards that the conduct of police a mother, who had called the police and told officers is measured against are laid the operator that she was deeply concerned in a wide variety of situations. T down in the General Rules on Perfor- about her adult daughter who was in the Members of the public will on mance of Police Duties Section 5-2. The rules company of an unstable and armed man, to state amongst other things that a police visit her daughter and get a better overview occasions experience uncer- officer shall conduct him or herself with dignity of the situation before calling the police. The tainty and a high level of emo- and self-control, that the officer shall not use Police District involved later found the situation offensive or other unsuitable language, that a to be so difficult that assistance was requested tion, and on many occasions police officer shall not allow him or herself to from the Emergency Response Unit. the meeting will be in a situation be provoked and that he or she shall always exhibit polite behaviour to all others. The Many tasks put before the police are resolved where inebriation is a factor. expectations that police officers shall conduct satisfactorily because police employees have Common to all meetings is that themselves in a professional manner are thus exhibited a high degree of professionalism in extremely high. showing genuine affinity, care and empathy it is the duty and responsibility to their work. It is however the view of the Bu- of the police officers involved to The Norwegian Bureau for the Investigation of reau that police employees should not allow Police Affairs deals with many cases concer- themselves to become too personally involved conduct themselves with a high ning the conduct of the police in their contact or to express their personal opinions when degree of professionalism. It is with the public. Even though it’s seldom that engaging in their professional capacity with there are grounds on which to conclude the general public. The operator who spoke to the police officer who is the pro- that a criminal offence has been committed, the mother in the incident mentioned above fessional part in meetings with there are examples where the conduct of the said amongst other things that she shouldn’t officer or officers involved has not been of the worry so much and that in his opinion children the general public; he or she re- required professional standard and that may would often manage to resolve their problems serve to bring the reputation of the police into without help from their parents. Any officer presents society’s civil authority, disrepute. who feels that it is correct to tone down the rescue and help apparatus. seriousness of a situation must be one-hundred A number of such incidents may well be percent sure that this is the correct course of caused by a lack of sufficient resources in the action.
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