TABLE OF CONTENTS Foreword.......................................................................................................... (November 5) Opening session Jorge Paulo Sacadura Almeida Coelho, Minister of Internal Affairs.................... Plenary session Speakers: - Jorge Miranda, professor of Constitutional Law.......................................... - Stefen Trechel, chairman of the European Commission of Human Rights, Council of Europe............................................................ - José Cunha Rodrigues, Portuguese Attorney General................................. - Claude Nicolay, CPT, Council of Europe........................................................... General session – Policing and citizenship Speakers: - José Vicente de Almeida, Sub-Inspector General of the IGAI.................. - Jesús Caballero Gallego, director of the Inspection of Personnel and Security Services – Spain.................................................... - Luis Sousa Simões, police commissioner, PSP, Portugal............................... - Benedito Mariano, police “Ouvidor” of the State of S. Paulo – Brazil .... - Michel Sarrazin, chief of staff of the Police Service of the Urbain Community of Montreal, Quebec – Canada................................ - José Pinto Ribeiro, chairman of the Forum Justice and Liberties, ONG, Portugal.................................................................................. General session - Social exclusion, minorities and policing Speakers: - Pedro Bacelar de Vaconcelos, Civil Governor of Braga and member of the European Committee Against Racism and Intolerance.... - Barbara Wallace, chief of the victims and witnesses support unit, FBI, EUA........................................................................................... - João Manuel Paiva, captain of the paramilitary police force (GNR) Portugal.............................................................................................. 2 - Marco Mona, chairman of the Association for the Prevention of Torture (APT), Switzerland.......................................................... - José Antunes Fernandes, senior inspector at the office of the IGAI..... (November 6) Plenary session – Human rights and the right to security Speakers: - Mário Gonçalves Amaro, National Director of the Police (PSP), Portugal... - Peter Moorhouse, chairman of the Police Complaints Authority, England... - José Manuel Viegas, Commander-in-Chief of the paramilitary police, GNR, Portugal....................................................................................... - Júlio Castro Caldas, ex-chairman of the Bar Association, Portugal............... General session – Police forces – security measures, criminal investigation and their limits before the law Speakers: - Mário Gomes Dias, legal counsel at the Ministry of the Internal Affairs... - Maria José Nogueira, senior inspector at the office of the IGAI................ - Gerald Lapkin – Judge of the Ontario Court of Justice, Canada.................... - Carlos Gervásio Branco, captain of the paramilitary police (GNR) Portugal.................................................................................................. - Manuel Ferreira Antunes, director of the National Institute of Police and Criminal Sciences......................................................................... General session – Disciplinary procedures Speakers: - Maria de Fátima Carvalho, Sub-Inspector General of IGAI.............................. - Denis Racicot, Comissaire for the Police Ethics, Quebec, Canada................... - Anita Hazenberg, member of the Directorate of Human Rights, Council of Europe...................................................................................................... - António Alves Martins, police superintendent-in-chief, PSP, Portugal...................... - António Garcia Pereira, secretary general of the Portuguese Association of the Citizens’ Rights........................................................................ 3 (November 7) Plenary session Speakers: - Mark Gissiner, president of the International Association for Civilian Oversight of Law Enforcement – IACOLE.................................... - Claes Eklundh, Chief Parliamentary Ombudsman, Sweden................................ - Luis António Marrey, Attorney General of the State of S. Paulo, Brazil..... - António Rodrigues Maximiano, Inspector General of Internal Affairs........ Closing session - Luis Manuel Ferreira Parreirão Gonçalves, Secretary of State for Internal Affairs..................................................................... 4 FOREWORD Starting from zero, Portugal implemented, in February of 1996, the Office of the Inspector General of Internal Affairs (IGAI), with the purpose of exercising an external and efficient control on police activity in view of the defence of the fundamental rights of the citizens, the human rights, and the qualitative improvement in the relationship "policeman / citizen" in the framework of the Portuguese Democratic State based on the rule of law. After the development of the process, IGAI included in its Plan of Activities for the year of 1998 the realisation of an International Seminar with the theme "Human Rights and Police Efficacy. Systems of Control of Police Activity". That Seminar was held in Lisbon, on November 5 – 7, 1998, with the active participation of institutional and non institutional, regional and international persons and entities and with experts and thinkers from the European and American Continents. It counted with a heavy participation of elements coming from the Portuguese security forces and their respective schools. The high level of the interventions that were the object of debate and the purpose of allowing others to know what was transmitted there, forced upon us the obligation and gave us the great pleasure and pride of publishing, in the Portuguese and English languages, those intervention whose merit derives from the texts themselves. A synthesis of everything that happened can only be made with a thank you very much to those who have participated and presented their interventions. Now that we are celebrating the 50th anniversary of the Universal Declaration of Human Rights it is very rewarding to be able to publish this book that deals with the external control of police activity. The way the police forces behave is in itself a serious token of the maturity of a democracy and, for that same reason, of the respect for the human rights, for man's rights in concrete with an identity and a face. Of the respect for dignity and freedom. To all of you, my most sincere gratitude. One last word to thank those who made possible this enterprise and, if you allow me, to the two pillars of its execution, Mr. Alberto Augusto de Oliveira, then Senior Inspector at the IGAI and now Assistant Attorney General and member of the 5 Consultative Board of the Office of the Attorney General, and Mr. Augusto José Calado, Inspector at the IGAI. Lisboa, 30 de Junho de 1999 O Inspector Geral, António Henrique Rodrigues Maximiano 6 Jorge Paulo Sacadura Almeida Coelho Minister of Internal Affairs The Inspection-General of the Interior has taken the initiative of organising this International Seminar on Human Rights and Police Efficacy. This is an initiative that I wish to greet, in the name of H.E. the Prime Minister and my own, for its undoubtedly opportune and actual theme, in the context of what nowadays are the concerns which emerge from public debate, both in the Portuguese and the European society. I also wish to take this opportunity to greet the illustrious foreign specialists who kindly accepted the invitation addressed to them for sharing with us their knowledge and experiences on such a relevant matter, thanking them for their availability and interest. This year is marked by the celebration of the 50th anniversary of the enactment of the Universal Declaration on Human Rights, in the United Nations Organisation. This declaration was born of the dream of the universality of the humanist ideal - a dream that is yet far from becoming a reality- in circumstances perhaps beyond repetition. The truth is that ever since that time the theme of human rights has never lost the central place it has secured within the political discourse, and, more importantly, in the daily life of all organised political societies. We may say that human rights are much in the order of the day. In the sense that they are permanently present in the discourse of politicians, in the articles of reporters, in the centre of young people’s attention. But above all, we can say that they have seeped profoundly into a new way of being in society. And, alas, this is fortunately so. It signifies that civil society has taken the theme of human rights as it very own patrimony, unfurling it, as it would a banner, 7 discussing it, developing it and extrapolating from it those norms that are positive for Life. Enriching it, in other words. On this occasion, it is my duty to underline the extraordinarily important role that the non-governmental organisations, in Portugal and all over the World, have assumed for the discussion of this theme, through a militant civic attitude and in the name of those rights and of universality. Nowadays, in the society we make part of, the so-called human rights are no longer restricted to the pious casting they had in the Universal Declaration of the Rights of Man. An extensive panoply of international charters, declarations, international