ANNUAL REPORT 2 014 COPY LAYOUT PRINT PHOTOS The Norwegian Newmarketing AS PJ-trykk, Oslo Lars A. Lien Bureau for the Marte Garmann Investigation of Ruben Skarsvåg Police Affairs Anders Nordmeland Getty Images Politiforum iStock Photo Politihøgskolen A police officer should view control and investigation of his activities as a natural part of his professional engagement. CONTENTS FOREWORD Foreword 3 access by the accused. In its work on able for the first time to meet all of the the case, the Bureau has been criticised first-year students at the Police University 10 years since the Bureau was established 4 by lawyers and the media for imposing College. The Bureau held lectures for such radical measures. It has been students in Stavern, Oslo, Kongsvinger Approval of Overtime 10 pointed out that the Bureau uses “police and Bodø. In our view, it is important that methods”. The Bureau is an investigation police employees from the basic course Custody/Incidents involving Persons in Police Custody 11 agency, not a supervisory body. It is the onwards are aware of society’s need for Police Methodology and Methodological Development 14 responsibility of the Bureau to investigate control of the police’s use of its powers. and, when there are grounds for so doing, A police officer should view control Notification of Complaints 15 to prosecute employees of the police and investigation of his/her activities and prosecuting authority. In questions as a natural part of his/her professional “The police do not answer my enquiries” 16 regarding law enforcement, we act within engagement. the framework of the legislation adopted Misuse of Police Records 17 by the politicians and under the control The Bureau wishes to commemorate of the courts. Corruption constitutes a its tenth anniversary with a seminar in Assistance to the European Committee for the Prevention of Torture (CPT) 18 threat to the fundamental principles of our May 2015 drawing attention to a topic society. A suspicion found to be supported that has occupied a central place in Prevention of Torture 20 by evidence must be taken seriously, and many cases dealt with throughout the Investigation of Cases involving Shooting by Police 22 the facts of the case must be clarified period: the police’s use of police custody by means of an objective and effective and treatment of detainees by the Case Processing at Two Levels 26 investigation. It is difficult to envisage that, police. The purpose of the seminar is to in its investigations, the Bureau should bring experience to the fore within the Statistics for 2014 28 refrain from using methods provided by framework of learning and improvement. law. This would entail that the Bureau’s The Bureau has invited speakers to the Decisions to Prosecute in 2014 32 n this annual report, the Bureau has cases were not investigated as effectively seminar from the European Committee chosen to give some thought to the as other criminal cases. No-one would find for the Prevention of Torture (CPT), the Court Cases in 2014 36 I fact that ten years have passed since that acceptable. Norwegian Bar Association and the superior Emergency Turn-outs in 2014 38 our establishment on 1 January 2005. We public prosecution authority among other review some of the major lessons learned In 2014, the demands placed by this institutions. International Cooperation in 2014 39 during this period. We also provide some corruption case on our investigation statistics for the whole period. resources had an adverse effect on the Jan Egil Presthus, Director of the Norwegian Administrative Assessments in 2014 40 execution of our remaining responsibilities. Bureau for the Investigation of Police Affairs In 2014, the Bureau applied a considerable The processing of other cases demanding The Bureau’s Organisation and Staffing 44 part of its resources to investigating investigative resources has been somewhat information provided by a convicted delayed. The statistics for 2014 must be Jan Egil Presthus, The Bureau’s Management Group 45 criminal alleging that a police officer had viewed in this light. Director of the Norwegian Bureau for the Persons on Assignment 45 acted corruptly. During the initial phase Investigation of Police Affairs of the investigation, the police officer was An important task for the Bureau is to 241 651 Brief Notes on some Bureau Employees 46 remanded in custody and held in isolation. contribute to police training by means During the investigation, certain documents of lectures and other dissemination of Articles from Previous Annual Reports 47 have been classified and excepted from information. In spring 2014, the Bureau was Trykksak 4 Director of the Norwegian Bureau 5 for the Investigation of Police Affairs Annual Report 2014 COMPLAINTS RECEIVED 1500 1200 900 600 300 10 YEARS SINCE 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 THE BUREAU WAS NUMBER OF DECISIONS TO PROSECUTE ESTABLISHED 120 100 80 CASE PROCESSING, ORGANISATION of regard both for clarification of the case processing on two levels and reasoned AND EFFICIENCY and for the parties to the case. Partly as a decisions. This has also been raised in the 60 Like its predecessor, SEFO, the Bureau result of evaluation of the Bureau during Bureau’s dialogue with the Ministry and has been criticised for the proportion the 10-year period (NOU 2009:12), the the Director of Public Prosecutions. Out of unprosecuted cases. Each year, the number of posts has been increased. The of regard for quality requirements and 40 On 1 January 2015, it Bureau has considered approximately Bureau currently has a permanent staff of confidence in the work of the Bureau, it 1200 complaints, but the proportion of 36 persons, and has in addition 11 persons has been agreed that the Bureau’s work 20 was ten years since the complaints resulting in penalties is low, engaged on assignment. In accordance routines should not be simplified. establishment of the Bureau. between 3% and 8%. It is particularly the with stipulations, the Bureau has a two-level 0 large proportion of unprosecuted cases organisation. In 2014, the Bureau considered a number 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 This provides an opportunity rather than the individual cases themselves of cases that can be viewed as particularly that has been used as a basis for criticising All cases are dealt with on two levels, labour-intensive. In view of this and the to sum up experience from the Bureau’s decisions. During the ten by the investigation divisions and by failure of the Bureau over time to meet our own activities and the years, few individual decisions have been the Director. The Bureau has developed its targets, the Director of the Bureau subjected to broad debate. Comparisons routines involving thorough documentation considers that a certain strengthening of AVERAGE CASE PROCESSING TIME IN CASES DECIDED agencies that the Bureau is that the Bureau has made with the other of assessment of evidence and legal the core staff may be called for. 300 responsible for investigating. Nordic countries’ units with partially the assessments in recommendations and same mandate, show considerable decisions. In all cases prosecuted, a Within the framework of the current rules, similarity in the proportion of cases resulting reasoned prosecution decision is provided the Bureau has attached importance to 250 in penalties. in writing. Of course, the organisation and transparency with regard to cases and the requirements regarding reasoned work. The Bureau currently publishes brief 200 During certain periods, the Bureau’s case decisions, etc. have an effect on the speed summaries of all decisions on its website. processing time has been excessive both in with which cases can be dealt with. Among Decisions in cases of general interest are 150 relation to stated targets and in relation to others, local trade unions have advocated published in their entirety in anonymised what has been regarded as desirable out relaxation of the requirements regarding form. 100 50 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 6 Director of the Norwegian Bureau THE BUREAU’S CASES WHERE POLICE EMPLOYEES IN ADDITION TO OTHER 7 for the Investigation of Police Affairs PENALTIES, OR AS THE SOLE PENALTY, HAVE BEEN DEPRIVED OF THEIR Annual Report POSITIONS (SEE SECTION 29 OF THE PENAL CODE (2005–2014)). 2014 1. Forged diploma from the Norwegian Police University College (section 182 11. Sexually offensive behaviour (sections 201b, 124, 325 (1), etc. of the Penal of the Penal Code) (2005) Newly graduated from the Norwegian Police Code)(2008) Police Chief Inspector – man (37) – 45 days suspended University College – man (25) – 45 days suspended sentence sentence 2. Serious breaches of confidentiality (sections 121 and 325 (5) of the 12. Theft of drugs, etc.(sections 162, 127, 256, 204a. of the Penal Code) (2009) Penal Code) (2006) Police Chief Inspector – man (37) – 30 days Police Chief Inspector – man (41) – 6 months unconditional sentence suspended sentence 13. Repeated breaches of duty of confidentiality vis-à-vis media (section 121 of 3. Theft of passport, etc. (section 258, etc., section 47 of the Immigration Act) the Penal Code) (2009) Police Chief Inspector – man (56) – 90 days (60 days (2006) Police Chief Inspector – man (52) – 2 years unconditional sentence suspended sentence) 4. Embezzlement, etc. (sections 121, 255, 325 (5), etc. of the Penal Code) 14. Threats, witness tampering, etc. (sections 132a, 227, 325 (5) of the Penal (2006)* Police officer – woman (28) – fine NOK 10 000 Code) (2010) Police officer – man (31) – 90 days suspended sentence Cases and case areas 5. Drug abuse, etc. (sections 121, 258 of the Act relating to medicinal products, 15. Gross corruption, etc. (section 276b of the Penal Code) (2010) Police etc.) (2008) Police Chief Inspector – man (49) – 2 years unconditional Chief Inspector – man (52) – 1 year and 6 months unconditional sentence sentence (Norwegian Supreme Court Reports for 2011, page 477.) 6.