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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
BUILDING POLICE INTEGRITY
A POST-CONFLICT PERSPECTIVE
EUROPEAN UNION POLICE SERVICES TRAINING (EUPST):
LOWLAND GRENADE 2011-2013
CONFERENCE “POLICE INTEGRITY BUILDING”
POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
©2014	 Royal Netherlands Marechaussee
Layout	 :	 Graphic Design Service, Defence Audiovisual Service, The Hague,
				Netherlands
Print		 :	 OBT, The Hague, Netherlands
This project is part of the European Union Police Forces Training (EUPFT)
funded by the Instrument for Stability - Crisis Preparedness Component of the
European Commission.
Views and opinions expressed in this publication are, and remain, the sole
responsibility of the author. They do not necessarily express the views of the
Minister of Defence.
1st edition 2014
ISBN:	978-90-817734-1-6
All rights reserved. No part of this publication may be reproduced, transmitted,
or stored in a retrieval system, in any form or by any means, without the prior
permission of the author.
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
Foreword
In 2014, the Royal Netherlands Marechaussee had the honour of organising
the Dutch part of the 2011-2013 European Union Police Services Training
(EUPST). The EUPST is a training cycle aimed at preparing international police
and gendarmerie personnel, the Royal Netherlands Marechaussee among
them, for current and future police missions, missions that make an important
contribution to maintaining the international rule of law. Parallel to Exercise
‘Lowlands Grenade’, the Dutch part of the aforementioned EUPST, the
Netherlands also organised the ‘Police Integrity Building’ conference.
By organising this conference, the Netherlands wanted to stimulate the
discussion of a subject that is not only highly relevant to building national
police services, but also very topical. We are convinced of the importance
of police integrity, but we also know there are challenges to be met when
aiming to establish reliable police organisations and endeavouring to maintain
law and order. The conference therefore focused on police integrity building
in fragile communities and post-conflict societies. With the conference, the
Netherlands wanted to provide new impetus to the subject of police integrity
building.
The conference was attended by international academics, police specialists
and police practitioners from 25 countries, and offered an opportunity to
exchange views on police integrity building from different perspectives. The
book before you mirrors the contributions presented at the conference.
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
I would like to pay tribute to all those who played a role in organising and
conducting the conference. I am also grateful to all of those who participated
in the conference, and – by doing so – provided input. A special word of
thanks goes to the contributors to this book. Allow me to express the hope
that the blend of academics and practitioners will indeed give new incentive
to the subject of police integrity in post-conflict environments. Integrity is
without doubt an important requisite for people’s trust in police organisations,
and subsequently, police legitimacy.
Hans Leijtens
Lieutenant General
Commander of the Royal Netherlands Marechaussee
The Hague, November 2014
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
Editors’ Introduction
Police play a crucial role in present peace operations. According to the German
Center for International Peace Operations, in September 2014 some 13,772
police officers from all around the world were deployed to more than twenty-
five missions under the umbrella of – mainly – the United Nations (UN) and
the European Union (EU).
Police are faced with increasing challenges in their expeditionary missions:
linkages between terrorism, armed groups, traffickers and transnational
organised crimes threaten the peace. Crime has become a global problem, and
can stem from local breeding grounds but can also originate from far afield
and have local effects. The international community is responding to these
challenges, and the UN has developed a new strategy, in short “to build long-
term peace and security through the establishment of democratic policing”.
The UN Police Advisor, Stefan Feller, argued in the UN Police Magazine earlier
this year that it is impossible to guide a host-country from conflict to peace
without developing a working, indigenous police service.
In response to the increasing demand for prolonged and more complex
police missions both the UN and the EU looked for ways to contribute to
the strengthening of police capabilities to support stabilisation efforts in
post-conflict societies. The more complex and more dynamic environment
in which police are working alongside the military, and other security actors
also made more demands on the preparation, in particular training, of police
officers. The EU Police Services Training (EUPST), where the idea for the
conference on building police integrity was born, is an European example of
this development.
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
The subject of the conference and this book is strongly linked to one of
the aims of EUPST: preparing to help establish a democratic, human rights-
respecting indigenous police service. This police service should be based on
the public’s trust in its police. Building police integrity is inextricably linked
with this, and is one of the denominators of police reform. In this police
reform, the increase of police effectiveness and provision of (more) security
by doing so on the one hand, and the transformation of the police into a more
democratic and legitimate organisation on the other hand, needs careful
balancing.
As the Netherlands, in particular the Royal Netherlands Marechaussee has
gained a great deal of experience in police missions abroad, the subject for
the additional conference was chosen quickly. In missions like the ones in,
for example, Cambodia, Namibia, the Balkans, Iraq, and Afghanistan, the
Royal Netherlands Marechaussee observed the performance of the local
civilian police, trained police personnel, monitored the police organisation,
and advised on improvements. Recurring topics in training local police were
– and still are – : integrity, discretion, confidentiality, service to community.
Operating in a different cultural environment, taking morally correct decisions
was complicated: what to do when – patrolling together with colleagues from
the local police – one sees a local woman being punished by caning? Police on
expeditionary missions have to take decisions in a completely different cultural
setting. A setting in which professional behaviour, and a ‘moral compass’ will
help to take the right decisions.
This book has three objectives. First of all, it collects and synthesises the
relevant views of (international) scholars and practitioners and describes
police integrity building in post-conflict societies from different angles, while
touching on the challenges one encounters. In doing so, and that is the second
goal, the book adds value to public discourse on building police integrity in
post-conflict societies with the stakeholders: police managers, academics,
practitioners, and policy makers. Finally, this book can be used as a stepping
stone for further research on the subject of police integrity building in the fast
growing field of international policing studies.
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
The realisation of Building Police Integrity, A Post-conflict Perspective was
both challenging and inspiring. Wanting to interest both our academic and
practitioner audiences, the book combines contributions of both practitioners
and scholars from various countries and organisations. This turned out to
be a challenging venture. More general and theoretical parts had to be
blended with more practical considerations. Styles vary: while some have
concentrated on the more abstract – or academic – themes, others have put
more emphasis on the national context of police integrity and the lessons
learned in this respect that can be applied to expeditionary police missions. I
have been fortunate to have sufficient well-skilled reviewers that enabled me
to deliver quality contributions. Many thanks to all of those who helped me
in realising this book: the reviewers, the graphic designers who provided the
elegant design, and our colleagues from the Netherlands Ministry of Defence
translation department that helped us so well in achieving a good standard in
the English language.
This journey was also inspiring. I have learned a lot by reading all of the
contributions that were sent in, but reading them also made me very curious
about the answers to questions that have not yet been raised. In this way,
the book reflects the start of a promising journey into the subject of police
integrity as part of post-conflict police reform. I welcome comments, ideas and
expressions of interest in joining us on this journey.
Hans Hovens
November 2014
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
Tabel of content
Foreword		 3
By Hans Leijtens
Editor’s introduction	 5
By Hans Hovens
INTRODUCTION	12
Building Police Integrity	 13
By Hans Hovens
FIRST PART		 44
Reflections on police integrity from an international
peacekeeping context	 45
Key-note Speech at the Opening of the Conference
By Stefan Feller and Zoe Mentel
Shades of Grey in the Thin Blue Line:	 57
Determinates of Police Conduct
By Simon de Saint-Claire
Renegotiating the Contract:	 81
A re-examination of Social Contract Theory against the backdrop
of modern day ‘State reformation’ post-crisis, and Police Integrity
By Nathan Briant and David Oram
Tackling corruption from below	 103
Dutch and Afghan Perspectives
By Michelle Schut and Jan van der Meulen
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
SECOND PART	 132
Jordanian Police and Gendarmerie in Police Integrity Building	 133
“A Descriptive Study in Jordanian Society and Post-Conflict Societies”
By Moutasem Abu Shattal
Rebuild the Integrity in Transitional Countries:	 161
A Romanian Gendarmerie Experience
By Ovidiu Vasilica
Community-based Policing in Afghanistan:	 177
Lessons learned – Towards a Harmonised Approach for Afghanistan
By Ludmilla Dadrass
Twinning Project:	 209
Training of Turkish Jandarma Officers on European Human
Rights standards, 2005 - 2010
By Renato Raggi
Hate Crimes	 229
The ethical context of investigating hate crimes
(considering Post-conflict Societies)
By Małgorzata Andrzejczak-Świątek
Police Integrity Surveys and Implementation of Findings
within the Slovenian Police	 249
By Branko Lobnikar , Robert Šumi, and Gorazd Meško
Evaluating Human Rights Training	 273
A design for a projected quantitative quasi-experimental study
evaluating Council of Europe’s Human Rights training for Police
By Andre Konze
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
THIRD PART	 296
The Rule of Law, Human Rights and Changing the Police in
some Latin American countries	 297
By Piet Van Reenen
Effective Policing:	 341
What’s integrity got to do with it?
By Alice Hills
Affecting Police Capacity Building	 365
Issues of integrity and corruption affecting police capacity
building in post-conflict regions
By Mark Waine
Between abstention and sturdiness	 405
Reflections on the conference and looking ahead to future
police integrity building in post-conflict environments.
By Hans Hovens and Piet van Reenen
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
INTRODUCTION
13
Building Police Integrity by Hans Hovens
Building Police Integrity
An Introduction1
By Hans Hovens
Colonel of the Royal Netherlands Marechaussee (retired)
1	 Giving rise to a conference
This book is the outcome of the Royal Netherlands Marechaussee’s ambition
to organise a conference parallel to Exercise Lowlands Grenade , which was
part of the 2011 - 2013 European Union Police Services Training (EUPST)
programme.2
The conference was aimed at giving (new) impetus to and gaining new
input for a subject that is extremely relevant to building indigenous police
services, and is also very topical. It served as a platform to share and discuss
experiences gained during police missions abroad. The conference also
demonstrates the ability among professionals in the Netherlands to address
delicate and tricky subjects in both an academic and pragmatic way.
The subject chosen for the conference was ‘Building Police Integrity’. It is
closely related to the legitimate ambition to tackle police corruption and
inappropriate police behaviour. This is a crucial need, because corruption
and inappropriate behaviour incite the public’s distrust and disrespect of the
law. Hence, a successful implementation of the rule of law depends on police
integrity building, as an effort incorporated into the larger project of police
capacity building, or even broader, the rule of law mission.
1	 The author thanks Th. A. van Baarda , J.B.J. Orbons and two anonymous reviewers for
their comments on earlier versions of this contribution.
2	 The Royal Netherlands Marechaussee was part of the cooperation between the Dutch,
French, Italian, Romanian and Spanish gendarmeries, as well as CEPOL, the European Police
College, that was granted the organisation of the 2011-2013 European Union Police Services
Training (EUPST) by the European Commission. The Netherlands organised the sixth (and
penultimate) session in June 2014.
14
Building Police Integrity by Hans Hovens
It is important to note that transforming indigenous police into rights-
respecting police services, that simultaneously provide protection and fight
crime, has proven to be challenging, both in national and international settings
(see a.o. Newburn, 1999; Harris, 2005; Holmqvist, 2005; Bayley, 2006; Philp,
2008; Cockayne & Lupel, 2009; Holt & Boucher, 2009; RUSI & FPRI, 2009; Loh,
2010; Bayley & Perito, 2010 and 2013).
This chapter starts by placing the subject of the conference in a wider context
and introduces the concept of integrity in its many facets. It addresses the
importance of this notion for the police, the question of why integrity is violated
and gives possible ways to safeguard or promote integrity. The third section
deals with the framework of this book and outlines the chapters that follow.
2	 Setting the scene
During my first training as an officer in the Netherlands Marine Corps, some
forty years ago, my thinking about integrity and human rights was primarily
guided by my knowledge of a number of fundamental rights under the Dutch
Constitution and international humanitarian law, such as in the Geneva
Conventions, the Additional Protocols and the The Hague Conventions. I
remember Frits Kalshoven’s book, ‘Zwijgt het recht als de wapens spreken?’3
[‘Is Justice Silent when Weapons Speak?’]. I also recall the reservations I
had regarding its practical value: what if I comply with these rules, while my
opponent does not?
My attitude towards fundamental rights rapidly changed after I joined
the Royal Netherlands Marechaussee in 1982. Apart from developing my
knowledge of humanitarian law, human rights law, and professional ethics,
I also became inspired by the people I was surrounded by at that time, and
realised that complying with humanitarian law and human rights law is more
than to merely follow a strictly legal approach.
3	 In 1987 The International Committee of the Red Cross published an English version of
this work under de name “Constraints on the Waging of War: An Introduction to International
Humanitarian Law”. The English publication has been updated several times since. In 2001 a
second author (L. Zegveld) was added.
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Building Police Integrity by Hans Hovens
Gradually, my interest in and focus on the subject broadened: humanitarian
law and human rights law broadened to include police integrity, including
the (more) normative , sociological, and managerial aspects. Becoming more
and more involved with the missions of the Royal Netherlands Marechaussee
abroad, the relationship between police reforms and curbing corruption
presented itself.
Situations such as in Afghanistan, the Democratic Republic of the Congo,
Ghana, India, Kenya, Kyrgyzstan, Malaysia, Mexico, and Papua New Guinea
(AI, 2014: HRW, 2008, 2009, 2014a and 2014b; Pyman et al., 2012 ), as well
as research done by for instance Bayley and Perito (2013) still demand our
attention and call for an appropriate approach.
However, a number of cases in Western democratic countries also require
attention. Four examples illustrate this:
•	 Just before the start of the conference in June 2014, an article appeared
in a Dutch newspaper that reported the involvement of a member of the
Royal Netherlands Marechaussee in drug trafficking; the individual involved
was alleged to be corrupt.
•	 In September, critical questions were raised regarding the procedures of
the Dutch National Police for the procurement of new material.
•	 In the United States, the integrity of the police of the city of Ferguson and
its use of force was questioned worldwide after its citizen Michael Brown
was fatally shot by the police.
•	 In the United Kingdom, the Home Secretary, Theresa May, made a
statement before the House of Commons that she believed the vast
majority of police officers in the United Kingdom do their job honestly, and
with integrity. But as, as she continued, “the good work of the majority
threatens to be damaged by a continuing series of events and revelations
relating to police conduct”, and therefore additional measures were
necessary (UK Home Secretary, 2014).
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Building Police Integrity by Hans Hovens
Police integrity is obviously a multi-faceted concept, that is inextricably
connected to police conduct and the people’s trust in their police. Not only in
remote countries in transition, but also at home and ‘next door’.
This brings us to the theme of the conference and the subsequent conference
book: Building Police Integrity- A post-conflict perspective.
In this section the notion of police integrity, and subsequently its relationship
with the post-conflict environment, will be described.
2.1	 Police Integrity
In an effort to elucidate the notion of integrity, Huberts (2012: p. 21) starts
by stating that integrity is all but an easy concept. The concept is interpreted
in many ways, but always with a sense of intrusiveness, being far-reaching
and also elusive, as he puts it. The notion of integrity raises many integrative
questions: What exactly is integrity? What can go wrong, what type of
integrity violations can be distinguished, and what helps to protect and
promote integrity?
Most of the definitions of integrity held by a large number of people
distinguish three aspects: wholeness (i.e. being consistent, coherent, and
consequent), (professional) responsibility as the primary focus, and always
involving values, norms and rules. Although perhaps less academic, the British
scholar/writer Lewis gives a succinct and to-the-point description of ‘integrity’:
“Integrity is doing the right thing, even when no one is watching”4
. Obviously,
integrity is a normative notion and has to do with one’s (own) responsibility.
4	 Lewis, C.S. retrieved from http://chroniclesofcslewis.com/351/2013/11/19/integrity-is-
doing-the-right-thing-even-when-no-one-is-watching-c-s-lewis/
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Building Police Integrity by Hans Hovens
That integrity can be far-reaching is well-illustrated by a quote from the late
Ms Ien Dales, Minister of Home Affairs of the Netherlands in the early 1990s,
who quite categorically stated: “The government authorities are either
unimpeachable or not. Possessing a bit of integrity is impossible” (translated
from Dutch: “De overheid is óf wel óf niet integer. Een beetje integer kan
niet”)56
. She was responding to a small number of cases of corruption in local
government.
Integrity is generally viewed as compliance with doing the good or proper
thing, with virtue, and in compliance with relevant moral values, norms,
responsibilities, and ground rules. It is recognised that integrity underlines
aspects of the quality of both persons and organisations. Both Huberts (2010:
p. 192) and Van Reenen (1997: pp. 44-45; 2012: p. 128) emphasise that the
relevance of the values, norms, laws (i.e. national laws, international laws, and
human rights law) and rules depends on the context. For the conference and
this subsequent book, this context equates with the central theme: building
police integrity within the framework of police reform in post-conflict societies.
Closely related to and difficult to separate from the concept of integrity
is the notion of ethics. While ‘integrity’ is perhaps more pragmatic and
administrative, ‘ethics’ focusses on what is morally right and wrong, or good
and bad. This involves both (1) personal value systems; (2) professional ethics
referring to the moral values and norms that are inherent to the morally pure
exercise of the (police) profession; and (3) organisational ethics: the standards
5	 Speech [Om de integriteit van het Openbaar Bestuur] by the Minister of Home Affairs, drs.
C.I. Dales, at the congress of the Dutch Association of Netherlands Municipalities (VNG), June
1992 in Apeldoorn.
6	 Although there is perhaps a tendency in the Netherlands (at least in the public arena)
to lump all integrity issues together, and then explain them in black or white terms, some
authors have a more nuanced view. They argue that, while acknowledging that incorrect
behaviour needs to be addressed, black and white thinking hampers the awareness that has
to accompany the promotion of integrity (see a.o. . Boer, de, 2014; Brouwer, 2014).
18
Building Police Integrity by Hans Hovens
set for both the (police)organisation and its staff7
. As Van Baarda and Verweij
(2006: p. 2) argue, these layers “do not necessarily coincide. They may be
distinct from each other, overlap and reinforce each other; while at times there
may be tension between them.” Using the layers or levels helps us to better
understand ethics or integrity and the question of why moral standards that
guide social behavior are suspended, while giving direction to the protection
and promotion of integrity.
The following part of this subsection deals with police integrity as such. The
questions raised by Huberts will be addressed in line with the three layers just
mentioned. In the next subsection, the nexus of police integrity and police
reform in post-conflict societies will be described.
Huberts’ first question refers to the meaning of police integrity. Police officers
are both citizens in uniform and government officials. This means that, at
the level of personal ethics, the ideological views or religious conviction of
the police officer could play their role. In general, he or she may experience
and propagate their views in their private life. This cannot be the case when
he or she is in office. And although the general view of police officers (as for
example, also for members of the armed forces) is that they always (24/7)
observe integrity, in practice this idea is more ambivalent.
7	 In the literature several sets of ‘layers’ are applied. Van Baarda and Verweij (2006: 2-6),
for example, identify five layers: (1) personal value systems; (2) professional ethics; (3) ethics
of particular professions within the military; (4) organisational ethics, (5) political ethics.
Neyroud and Beckley (2001) distinguish three layers: (1) personal ethics, (2) operational
ethics, and (3) organisational ethics. For other aspects (in addition to the facets of covert
policing, policing dangerousness, and police using force, mentioned under ‘operational
ethics’), within the profession can play a role, the more generic ‘professional ethics’ is
preferred here. Although the contribution to police reform abroad is subject to the standards
set by the government, the fifth layer of van Van Baarda and Verweij is not considered here.
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Building Police Integrity by Hans Hovens
At the personal/professional level, it is argued that most police officers are
basically, good, ethical and caring people. Although sounding somewhat
cliché8
, they perform their jobs because they want to make a positive
difference to the community. Police officers often adhere to strong, positive
moral values during the work in which they are at great personal risk. Policing
gives great personal satisfaction and self-esteem. Therefore, most policemen
in principle also refrain from unethical behaviour.
At the levels of professional ethics and organisational ethics, special attention
must be paid to two specific characteristics of police organisations: (1) the
police comes, more than any other civilian organisation into contact with the
bottom layer of society, and police officers are - by definition - confronted
with sometimes disgusting behaviour and can become frustrated or subject
to, for instance, extortion. (2) by law, the police has a hierarchical relationship
with citizens. This provides a balance of power, but also gives ground for the
abuse of power or the perverted enjoyment of power. Special attention must
be given to the use of force by the police. On the basis of the hierarchical
relationship just mentioned, citizens must obey rules and instructions given
by police officers. Failure to do this gives (de jure and de facto) the police the
authority to use force to enforce compliance.
Police are often considered as the guardians of social order (e.g. Alemika,
2003). It is argued that the police, as an institution, helps to produce, preserve
and strengthen the prevailing order. The role and performance of police
organisations can differ, because they depend on the political and economic
structures of society (e.g. Alemika, 2003; Uildriks & Van Reenen, 2003).
Irrespective of the question of what the role and contribution of the police
is in the existing social order is, it is good to note the relationship between
policing, government and society, and the mission of policing. Combining
the (theoretical) judicial order with social reality, police find themselves in a
somehow contradictory position. Embodying the state’s monopoly on the use
8	 This is true for the greater part of the police from Western countries, but applies to a
significantly lesser extent to police officers from fragile states (see a.o. Downie, 2013; RUSI/
FPRI, 2009; Pyman, Cohen, Boardman, Webster & Seymour, 2012)
20
Building Police Integrity by Hans Hovens
of force, police officers (can) deploy physical violence to enforce laws, restore
and maintain public order, and advance government policy, notwithstanding
the fact that democratic societies are organised around the consent of the
governed, and are not based on the coercive imposition of the government. In
line with this, Frans Denkers, a police psychologist with the Amsterdam Police
Force, was very explicit and argued that the police were often not called to
catch criminals or curb riots – something that citizens themselves as a rule can
do more quickly and efficiently – because of fear of abuse of power, arbitrary
and disproportionate action, bias, discrimination and interest (Denkers,
2001). Denkers discovered that the essence of the professional attitude of the
Amsterdam police was ‘compassionate justice’, a feature that is not so much
rooted in their technical skills and competencies, but in their moral orientation
and their involvement with many types of people.
Following Denkers’ views means that whoever wants to maintain norms and
rules in society should comply with these norms and rules. In this way, police
integrity becomes an essential condition for the credibility, trustworthiness
and legitimacy of (public) policing.
The police tasks linked to both crime control and maintaining (public) order
are related to ethical aspects. Commitment and care for the safety of and
quality of life in society and the vulnerable in society are general values for
police officers (see e.g. Van Reenen & Kaptein, 1998). Van Reenen and Kaptein
(1998) also distinguish values (1) that are related to the external environment
of the police ((a) independence, objectivity and fairness; (b) approachability
and kindness; (c) external openness and accountability; (d) consistency, clarity,
predictability and uniformity) and (2) that related to the police organisation
itself ((a) loyalty and collegiality; (b) participation in the work; (c) internal
openness; (d) correctness and confidentiality). Neyroud & Beckley (2001) and
others add the principles of legality, proportionality and necessity to the ‘list’
of police core values. These principles give guidance in the decision-making
process of the individual police officer and the police organisation in general,
as well as to the operational process.
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Building Police Integrity by Hans Hovens
Police integrity refers to performing police functions in accordance with
prevailing moral norms and values, duties and regulations. It also refers to
practical action, to job performance in accordance with applicable standards
and values. An important foundation for this are the wide-ranging human
rights9
, the ethics of the police, the general moral principles governing the
police (legality, proportionality, necessity and accountability [Neyroud &
Beckley, 2001: pp. 64-67]) and values such as integrity and collegiality. On the
role of the police in democratic societies, the Council of Europe states in the
introduction of the Explanatory Memorandum on the European Code of Police
Ethics10
:
“…A glance at the role of police in a democracy reveals the particular
relevance of a code of ethics for the police. People within democracies
have organised their states to secure maximum freedom for themselves
within the rule of law. Likewise, the criminal justice systems have been
developed with the purpose of providing individual liberty and security. In
democratic societies where the rule of law prevails, the police undertake
the traditional functions of preventing, combating and detecting crime,
preserving public tranquillity, upholding the law, maintaining public order,
and protecting the fundamental rights of the individual. Moreover, in
such societies the police provide various services to the public that are
of a social nature, which support their other activities. They are granted
discretion to fulfil these functions. The police in democracies help to sustain
the values of democracy, and are themselves imbued with the self-same
values. In general, the public consent to and, indeed, welcome the exercise
of legitimate authority by the police so long as the police are seen to
carry out their tasks towards worthwhile, democratic ends in an ethically
acceptable manner. In turn, when they fulfil these conditions, the police
have every right to expect that the public will trust them to carry out their
9	 Van Reenen (2012) argued that human rights can now no longer apply exclusively for the
police as a series of rules arising from international treaties, but are drawn to a higher level by
extending them as design criteria for an entire policy, or an entire organisation.
10	 Recommendation Rec (2001) 10 of the Committee of Ministers to member states on the
European Code of Police Ethics.
22
Building Police Integrity by Hans Hovens
responsibilities, and support and co-operate with them in their activities
when doing so. These ideas about policing within democracies are at the
heart of the Council of Europe…”
There are many different descriptions of police integrity. In most cases,
‘integrity’ is simply associated with not being corrupt. Others argue that
‘police deviance’ is a much broader term than corruption. It includes all
activities which are inconsistent with norms, values, or ethics (from a societal
standpoint or even from the police standpoint) (e.g. O’Connor, 2005). This
brings us to Huberts’ second question: what can go wrong?
Police integrity, as just indicated, is often referred to with what it is not:
it is being not corrupt, i.e. not taking bribes or accepting gratuities. But it
can also refer to refraining from the abuse of authority to gain favours or
benefits offered by external parties with an interest in past, present, or future
decision-making (see a.o Huberts, 2010: pp. 192-196). Police integrity also
means to not pervert the course of justice (by falsifying records, perjury,
falsifying witness statements and tampering with evidence), or to avoid
the unnecessary, disproportionate use of force. It also means to not steal,
including items confiscated during arrests (money and/or seized goods), or to
not perpetrate fraud and the unauthorised disclosure of personal information
of offenders, suspects or civilians, information from crime reports, or
information that could jeopardise the course of justice. Finally, police integrity
also includes refraining from gaining unauthorised access to police systems
for personal gain (including ‘services’ for family or friends), such as searching
police databases for (more detailed) information on persons, organisations,
real estate, and movable property.
Police deviance or misconduct can either be an act or omission of a duty
based on the law or internal guidelines, due to negligence or not having
recognised the obligation (nonfisence), or the improper, careless or negligent
performance of an obligation (misfisence). Intentional committal of forbidden
acts, the deliberate unjustifiable performance of acts, or omissions (mostly
the case with police corruption) represent the worst infringements of police
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Building Police Integrity by Hans Hovens
integrity (maleficence). Two acts that are more situated at the sunny side
of integrity, are actions carried out for the benefit of others (beneficence)
and actions that do not harm others (non-maleficence). The two actions
are closely related to the emphatic capacity of police officers, mentioned
elsewhere in this chapter.
As cases of police corruption or deviance can seriously harm the (long-
lasting) efforts to establish trust and confidence between the police and
members of their community, it is argued that police integrity has to be
protected and promoted (see a.o. Goldstein, 1976; Kleinig, 1996; Neyroud
& Beckley, 2001). In trying to find an explanation on the question as to why
police officers bend and break laws, rules, and regulations, scholars such as
Goldstein(1975), Klockars et al.(2004 and 2005), O’Connor (2005) and Punch
(2003 and 2009) give direction regarding how to approach this question. One
clear line of argument has to do with the question of at what (organisational)
level corruption is taking place. Looking at the micro-level, police deviance
is individualised and considered as an individual problem. The theory of the
so-called ‘Rotten Apple’ first appeared in the report of the Knapp Commission
in 1973. In the years that followed, the academic view on the explanation of
police deviance broadened. According to O’Connor (2005), it is also the very
structure of policing that provides opportunities to “learn the entrenched
patterns of deviant police conduct that have been passed down through
generations”. This view is also known as the ‘Rotten Barrel’ theory. Punch adds
the institutional level of police, and labels this as the ‘Rotten Orchard’. He
notes that “the metaphor of ‘rotten orchards’ indicate(s) that it is sometimes
not the apple, or even the barrel, that is rotten but the system (or significant
parts of the system)” (Punch, 2003: p. 172). While the ‘Rotten Apple’ theory
can be linked to the layer of personal ethics or professional ethics, the ‘Rotten
Barrel’ theory is more linked to layers of professional ethics and organisational
ethics. The metaphor of the ‘Rotten Orchard’ is linked to the layer of
organisational ethics.
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Building Police Integrity by Hans Hovens
When looking for answers to the question of why police officers deviate from
moral values and standards, Bandura’s theory of ‘moral disengagement’
(Bandura, Barbaranelli, Caprara, & Pastorelli, 1996; Bandura, 1999; Van
Baarda, 2006), plays an important role. Although the theory was first
developed to explain terrorism and the use of force by the military, various
authors later broadened and deepened the theory (see also Loyens & De
Schrijver, 2012). The core of the explanation for unethical behaviour lies in the
cognitive restructuring of undesirable behaviour by individuals beforehand,
making it more acceptable or, which individual responsibility is minimised.
Faced with a dilemma, ‘moral disengagement’ can ensure that - provoked by
certain contextual aspects - values are weakened and others are emphasised
so that, for example, the violation of rules is seen as normal.
Loyens and De Schrijver (2012) argue that five mechanisms of ‘moral
disengagement’ seem to be most relevant within the context of police
organisations: (1) ‘justification’; (2) ‘distortion of consequences’; (3)
‘displacement of responsibility’, (4) ‘diffusion of responsibility’; and (5)
‘euphemistic labeling’.
If moral disengagement can be described as ‘justification’, the police officer
refers to a greater good served by the unethical behaviour (e.g. the public
interest). In case of ‘distortion of consequences’, the officer minimises the
consequences of his or her actions, so that it is presented less severely.
The next two manifestations of ‘moral disengagement’ reduce individual
responsibility. Referring to the ‘displacement of responsibility’, the police
officer delegates his or her responsibility to a hierarchical superior. In case
of ‘diffusion of responsibility’, responsibility is spread among several people,
so that the individual role of the actor is smaller (“everybody does it”).
‘Euphemistic labeling’ defuses the moral tension of the unethical behaviour
by using sanitising language in order to detract from the emotional intensity
of the reality being referenced [examples are: ‘collateral damage’ instead of
the ‘the killing of innocent civilians’; or ‘enhanced interrogation’ instead of
describing repeated efforts to bring an apprehended suspect almost to the
point of drowning].
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Building Police Integrity by Hans Hovens
A prominent position in the discourse on police corruption is known as
the ‘Dirty Harry’ syndrome, or ‘Noble Cause’ corruption. The ‘Dirty Harry’
syndrome is about the fictional Inspector Harry Callahan who in a number
of popular cinema films uses all the (extreme) violence necessary to catch
the sociopathic killer Scorpio. The deviant behaviour of Harry Callahan is
viewed as an example of a conflict between good and evil, and where tough
or deviant action are supposed to be appropriate in order to make an arrest
or get a confession (Kleinig, 1966: pp. 52-64; Klockars et al., 2005). Pointing to
the same dilemma, using devious means in order to achieve just ends, authors
in the United Kingdom and elsewhere use the notion of ‘Noble Cause’ to
express this justification of police deviancy (see a.o. Neyroud & Beckley, 2001;
Punch, 2009). In this sense, the ‘Dirty Harry’ syndrome can be seen as the
moral disengagement mechanism ‘justification’.
A case that comes close to the ‘Dirty Harry’ syndrome took place in Germany
in 2002, and is known as the Case of Gäfgen versus Germany (European Court
of Human Rights, 22978/05, 01/06/2010):
“…The deputy chief of the Frankfurt police ordered another police officer
to threaten the detained suspect with considerable physical pain, and,
if necessary, to subject him to such pain in order to make him reveal
the whereabouts of a kidnapped boy. The detective officer thereupon
threatened the suspect with subjection to considerable pain at the hands of
a person specially trained for such purposes if he did not disclose the child’s
whereabouts. According to the suspect, the officer further threatened to
lock him in a cell with two huge black men who would sexually abuse him.
The officer also hit him several times on the chest with his hand and shook
him so that, on one occasion, his head hit the wall.”
What can be done to promote and protect police integrity? Examining the
existing literature in order to address this final question posed by Huberts, a
wide variety of possible (and used) approaches emerges. A first (more general)
outcome from this literature survey concerns the presence of two dominant
strategies, which promote and protect integrity: (1) the compliance-based
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Building Police Integrity by Hans Hovens
strategy; and (2) the integrity (-based) strategy (e.g. Paine, 1994). Whereas
the first approach is focused on the compliance of employees to rules and
administrative procedures (telling them what they can’t do), the integrity
strategy emphasizes the managerial responsibility for ethical behaviour and
focusses on the actions or effects to be achieved. Although they differ in goal
and method, together they contribute to the promotion and protection of
integrity.
Within the layer of personal integrity and professional ethics, two aspects
can be distinguished: (1) reduction of the possibility of non-ethical behaviour
through selection of staff, and (2) the enhancement of moral competence
through education and training (often with an emphasis on human rights).
At the organisational level, approaches that can be identified in the work
of authors in this field are based on the organisational and occupational
dimensions of police corruption or deviance (see a.o. Klockars et al., 2000).
The first dimension concerns the question regarding how organisational rules
governing police corruption are established, shared and understood. The
next dimension concerns the mechanisms that police organisations employ
to prevent and control corruption. Among the mechanisms are oversight,
internal and external control mechanisms, managerial tools, (emphasis on)
police accountability, as well as the introduction of risk assessments and
‘ethical leadership’11
. A third dimension to studying the occupational culture
of policing is a well-known phenomenon that is often examined and known
as ‘The Code’ or ‘The Blue Curtain’. Reporting corruption or misconduct
of colleagues is forbidden or discouraged by the code. Ethical leadership,
situated at the group level, can help to break ‘The Code’. A final dimension
that is emphasised in contemporary police theory encompasses the influence
of social, economic, and political environments in which police organisations
operate.
11	 Lasthuizen (2008) argues in her dissertations that ethical leadership styles minimise
integrity violations in the organisation. Lasthuizen continues stating that this leadership
primarily works in an indirect way through the ethical culture of the organisation and the
moral views of staff about integrity.
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Building Police Integrity by Hans Hovens
Finally, the role of human rights has to be touched upon. Examining the body
of literature on policing, police ethics and police integrity, a growing role
and more prominent position of human rights can be ascertained (see a.o.
Neyroud & Beckley, 2001; van Reenen, 2012). Neyroud and Beckley argue
that the dualistic approach in which police organisations seem to have a
choice between human rights and fighting crime is coming to an end and
that one has to begin “to reconceive policing as the balancing mechanism
between competing rights, rather than the problem” (Neyroud & Beckley,
2001: p. 11). Neyroud and Beckley consider human rights and police ethics as
essential, even in covert and dangerous police operations (in which several
police databases and risk-assessment tools are consulted, and a multi-agency
approach seems necessary) (Neyroud & Beckley, 2011: pp. 124-144). Van
Reenen (2012) goes further, and argues that the influence of human rights
is not restricted to the aptness of a series of rules arising from international
treaties, but also serve as design criteria for an entire police organisation.
Whereas Neyroud and Beckley combine human rights and ethics with
management concepts and quality thinking, Van Reenen points to the ‘human
rights thinking’ of the Independent Commission on Policing for Northern
Ireland (Patton Commission) (van Reenen, 2012; Patton, 1999). The Patton
Commission made human rights the central starting point for the vision of
the police, police work and the style of work (choice for community policing,
demilitarisation and a strong emphasis on transparency).
2.2	 The nexus of police integrity and police reform in post-conflict societies
Besides the exhilaration of reaching a settlement in a recent conflict, post-
conflict situations are characterised by still existing or increased levels of
crime, violence, disorder and corruption (see a.o. Hills, 1999; Call, 2007; RUSI/
FPRI, 2009 Kemp, Shaw & Boutellis, 2013; Çelik & Çetin, 2013). Besides the
fact that violence has to be stopped, (public) order has to be restored and
maintained, crime has to be controlled, and corruption has to be curbed, in
a way that it helps the police to (re)gain the public’s trust in the police. Police
reform programmes that pay attention to police integrity can play a role in
this respect. Ties between crime and corruption on the one hand, and state-
building and peacebuilding processes on the other, lead to tensions in the
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Building Police Integrity by Hans Hovens
efforts to assist a post-conflict society in its process of state building. The
contributions of Cockayne, Lupel and Philp in this debate are illustrative in this
respect.
Philp (2008) argues that “the nexus between corruption and peacebuilding
is characterised by the tension between the short and long-term impacts of
corruption. Some functionalists argue that certain forms of ‘illegal’ channelling
of state funds may have positive consequences in the aftermath of conflict.
In the short term some would argue that this could help bring about stability,
by sustaining networks of patronage and ‘buying’ spoilers to participate in
the peace process. Both the need and opportunity for corrupt practices can
increase following conflict, arguably as the case of Burundi shows. Certain
financial ‘rewards’ also have the potential to play an incentivising role in
peace negotiations. However, the difficulty in embracing this rationale arises
when one considers the longer-term implications of these kinds of practices. Is
stability and peace sought after, at any cost?”
Cockayne (2008 and 2009) points to the functional ties between ‘crime’ and
the broader political, strategic, and economic processes at the heart of state-
building and peacebuilding processes – and argues that criminal organisations
can been seen as allies and/or as enemies during stability operations. Together
with Lupel (2009), he states that “Contemporary non-state armed actors
often coexist with, and even penetrate, states, splicing together transnational
networks and traditional, local authority structures. They often constitute
complex oligopolies (rather than monopolies) of violence. Yet we have given
contemporary peace operations few analytical tools with which to understand
them - and they often require peacekeepers to manage these adversaries with
tools designed for managing interstate conflict or more ‘traditional’ civil wars.”
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Building Police Integrity by Hans Hovens
Post-conflict situations can also be characterised by the need to restore
law and order. The legal system can by very fragile, as can be the public’s
confidence in the rule of law. The restoration of the rule of law raises
questions as what the nature of the law is or should be in the given (local)
context. Since the first contacts between citizens and government mostly
occur through encounters with the police, the trust in the police plays an
important role in winning back confidence in the legal system. In this system,
the nature of law, but also the restoration or reform of other ‘partners’ within
it (e.g. judges, prosecution, lawyers, penal system), and the protection and
promotion of police integrity can play an important role. Building police
integrity can therefore never be considered in isolation, but should always be
seen in the light of the restoration or reform of the rule of law and security
sector reform.
The subject of the conference was inextricably related to police reform and
dealt with the democratic perspective of this reform. Together with, amongst
others, Frank Harris (2005), and David Bayley (2006), it was argued that police
reform has a dual character: on the one hand, it seeks to increase police
effectiveness (aiming at crime reduction, maintaining public order, etc.) and
providing (more) security, while on the other hand such reform seeks to make
a police organisation more democratic and legitimate. Although there is still
criticism on both perspectives of police reform, we believe that we have to
search for a (delicate)t balance between the two different approaches. We
share Bayley’s conviction that security need not be achieved at the expense
of democratic reform of the police organisation. At the same time, we search
for explanations why democratic police reforms have lacked success in various
countries around the world.
Towards the end of last century, at the end of a number of (military) regimes,
the change from regime police forces into democratic police forces was one of
the major goals appearing on most democracy development blueprints. Police
integrity building, the subject chosen for the conference, is in a general sense
interwoven with states or societies in transition.
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Building Police Integrity by Hans Hovens
Having stated this, it was necessary to focus the conference subject
for more on civil crisis management. Recognising that this instrument
encompasses both preventive deployment and post-conflict efforts, it has to
be acknowledged that the predominant ‘mode’ of civil crisis management
was (and still is) that of post-conflict. It was this context (expeditionary police
[advisory] deployment in post-conflict situations) that the conference aimed
to address.
Whereas the existing literature on police integrity building is still growing,
most contributions deal with defining integrity and focus their attention
on the values, rules and behaviours involved. The same applies to the
implementation or revitalisation of mechanism of internal control and external
oversight and control, and pleas for a change management approach in order
to achieve honest police organisations. So far, little or no literature can be
found on questions related to the role of (the management of) expectations
of citizens with regard to police conduct (especially in post-conflict societies);
the possible effects of policing styles and strategies on police integrity;
the (delicate) balance between the ambition to achieve stability and the
endeavour to establish (or remain) an honest police organistion; an integrated,
multi-agency approach to police integrity building; and finally, the translation
of academic findings into practical tools.
The conference provided an opportunity to deal with the subject from
different angles, e.g. the (sociological) concept of police integrity; police
integrity and human rights – an ethical perspective; police integrity and the
management of citizens’ expectations in post-conflict societies (“systematic
interaction with civil society: public relations capacity combined with a
deliberate media strategy are key to refurbishing the image of a formerly
brutal and corrupt police force”, as argued by Loh, 2010); police integrity
and mechanisms of oversight and control; and building police integrity and
training police leadership. Conference contributions were based on research
and experiences in the respective countries and/or research outcomes and
experiences gained from (police) missions.
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Building Police Integrity by Hans Hovens
3	 Building police integrity as seen in the different contributions
The aim of the conference (and hence this book) was to collect and synthesize
the relevant views (from different perspectives) of (international) scholars
and practitioners on the theme of police integrity building. This synthesis was
the starting point and gave guidance for further debate and reflection in the
polices of the various participating countries. Besides that, it could form input
for policy-making at EU level.
The central question of the conference was: how can police reform contribute
to sustainable enhancement of police integrity in local police surroundings?
Related questions refer to the relationship between police capacity building
and the improvement of police effectiveness on the one hand, and the
democratisation of police on the other. What is the role of police leadership?
How can the image of the former police force be refurbished? Are there
blueprints for external and internal accountability mechanisms? How can the
lack of success of democratic police reforms in various countries be explained?
Realising the differences in the backgrounds of the various contributors, and
realising that by the (deliberate) absence of a proposed and shared definition
different meanings could be given to the notion of ‘police integrity’, the
‘harvest’ of the conference and this book resembles (at least to some degree)
the reality of international assistance in police reform abroad.
The first contribution is from Mr. Stefan Feller, the United Nations (UN) Police
Advisor and Zoe Mentel, the Rule of Law and Security Institutions Officer of
the UN Department of Peace Keeping Operations. Their commentary places
the issue of police integrity into a global context, with particular focus on
understanding police corruption as a peace spoiler, one that threatens the
legitimacy of host-state authority. The contribution of Feller and Mentel puts
various police accountability measures into a historical and global context, and
it stresses the need to change organisational cultures through a community
policing philosophy. Both small-scale changes and large system reforms are
needed to signal, both symbolically and practically, that a police agency is
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Building Police Integrity by Hans Hovens
committed to rooting out corruption and abuse, Feller and Mentel argue.
International police peacekeepers, deployed globally to post-conflict countries
by the UN and other international organisations, can support recovering police
and law enforcement institutions through mentoring, advice, training and
technical assistance for police integrity initiatives.
The next contribution is that of Simon de Saint Claire. His starting point is
that the police, as a service being constantly in the public eye, are subject to
closer scrutiny, comparison and critique by internal and external bodies than
most. The role of police and the principles governing operational standards,
ethics and integrity, vary from society to society, he continues. Saint Claire’s
contribution explores - and questions- the relationship between the Rule of
Law and human rights as the overriding governing principles of ethical policing
within a pluralistic democratic society. After examining the role of police
organisations in differing societies, the influence of the rule of law, standards
guidance provided by the various human right instruments, and their
projection into the community, existing and future challenges are identified.
Saint Claire concludes that without an enabling and assertive organisational
culture, integrity breaches by individuals, as well as institutions, will continue
to exist.
Nathan Briant and David Oram consider police integrity building from
the concept of the ‘Social Contract Theory’. They start by stating that the
notion of State formation is a long-debated issue with a number of theorists
contributing ideas to the evolutionary process over many years. The idea of
‘State reformation’ however, following third party intervention is a relatively
new idea, they continue. In their contribution, the authors revisit the notion of
Social Contract Theory as a basis for State Reformation against the backdrop of
the importance of police and State integrity in the implementation of the ‘Rule
of Law’. In their chapter, Briant and Oram examine why liberal democracy
is the vehicle of choice in interventionist State reformation and then go on
to consider the origin of Social Contract Theory, as well as its modern day
relevance in this arena. Through existing literature and new arguments
advanced, they argue the importance of police integrity in the implementation
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Building Police Integrity by Hans Hovens
of the ‘Rule of Law’ and consequently the State reformation process as a
whole.
The question whether or not an international mission has to curb corruption
is the central theme of the contribution of Michelle Schut and Jan van
der Meulen. The chapter starts with the observation that Dutch troops in
Afghanistan are confronted with situations in which the local population
violates values and norms that Dutch military personnel themselves take
for granted and/or deem essential. Schut and Van der Meulen continue by
stating that, as a consequence, soldiers regularly have to decide whether or
not to intervene and try to stop and change undesirable behaviour. Schut and
Van der Meulen argue that this is not only a matter of operational feasibility,
but also, and especially, of cultural and moral desirability. In Afghanistan,
corruption is one such ingrained practice that brings with it difficult dilemmas
for military personnel, they continue. In their contribution, the authors raise
several questions: Should fighting corruption be a priority in peacekeeping
and training missions? Or should military personnel, in order to achieve
their primary mission targets, sometimes tolerate it? How do Dutch military
personnel solve morally and culturally critical situations in this particular area?
What is more: what about their Afghan counterparts? How do they view the
cultural and moral dilemmas of the foreigners? Based on recent fieldwork in
Kunduz, this chapter depicts and analyses answers and opinions from both
sides. Although the perspective of Dutch and Afghan security personnel do
differ on some (corrupt) activities, they agree on the importance of fighting
corruption for Afghanistan’s future.
The next contributions are based on field experiences of practitioners, and
start with a contribution from Moutasem Abu Shattal from Jordan. His
contribution is aimed at identifying the concept of police integrity within
the Jordanian Police and Gendarmerie law enforcement agencies, and their
relationship with human rights. Abu Shattal’s study sheds light on ethical
standards, applied mechanisms, and the types of training to be followed in
order to build up police integrity while performing their duties in Jordanian
society and during participation in international peacekeeping forces based
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Building Police Integrity by Hans Hovens
among communities that have experienced or are still experiencing conflicts.
And so a question arises: “How can the Jordanian Police and Gendarmerie
law enforcement agencies contribute to a continued enhancement of police
integrity, both locally and internationally?”.
In the next contribution, Ovidiu Vasilica’s article takes the Romanian
Gendarmerie as its subject, and starts by stating that police integrity is
one of the sensitive subjects under continuing public scrutiny and criticism
when weaknesses in integrity systems are exposed. To solve this problem,
the police responds by defending adequacy of their integrity programs,
carrying out inquiries into perceived or actual failings and violations and
reviewing working methods. Vasilica outlines the Romanian Gendarmerie,
in its transition between a militaristic police and a modern law enforcement
agency, as an interesting example in how the integrity building process could
be a normal area of proactive intervention. For this organisation, Vasilica
continues, the successive and systematic reinforcement of integrity in order
to prevent failures has been not only a practical necessity, but also a moral,
ethical choice. The author argues that using the Romanian experiment in
international missions to build or rebuild integrity in transitional countries is a
normal challenge.
Ludmilla Dadrass describes the efforts of the German Gesellschaft für
Internationale Zusammenarbeit (GIZ) to introduce community-based policing
practices to Afghanistan. She notes that the police force in Afghanistan has
typically been perceived as hostile by the local population due to their history
of three decades of civil strife. For the same reason, and due to their current
role, they are viewed as a military force, Dadrass continues. This has impeded
the empowering and putting in place of a civilian police force as a law
enforcement institution that protects the rights of citizens and ensures their
security in a post-conflict setting.
Dadrass’ contribution explores Community-based Policing practices in the
Afghan context, with a special focus on theories and practices that could
prove effective for a more uniform approach to Community-based Policing
in Afghanistan. In doing so, she closely examines the approach being
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Building Police Integrity by Hans Hovens
implemented by GIZ and analyses its effectiveness, thereby capturing the best
practices and lessons learned, and outlining possible ways forward towards
sustainable results.
The next contribution comes from the Italian Renato Raggi. His contribution
elaborates on the “Training of Jandarma Officers to European Human Rights
Standards”, aimed at the implementation of the human rights training of
Turkish Gendarmerie officers and the application of these fundamental rights
in police activities. In his contribution, Raggi underlines that the training was
executed by the Carabinieri and the Guardia Civil, together with, amongst
others, the Italian Department for Equal Opportunities.
In the next chapter, Małgorzata Andrzejczak-Świątek describes crimes
motivated by intolerance towards certain (members of) groups in society, not
always well-known as a concept, but occurring, to a greater or lesser extent, in
all countries (see a.o. OSCE/ODIHR, 2009; Probert, 2014): hate crimes.
These crimes, based on prejudice against individuals or small groups on the
basis of religion, race, ethnicity, or gender, only distinguish themselves from
other crimes by the motive (s) of the perpetrator(s), she argues. Linking
this special category of crimes to the role of police, Andrzejczak-Świątek
points to the combination of ethical values, empathy, and an understanding
of the community helping police officer to determine whether a crime can
be qualified as a hate crime. Her contribution deals with future legislation
with respect to hate crime and the training of police officers to prevent and
investigate that type of crime.
In the next chapter, Branko Lobnikar, Robert Šumi, and Gorazd Meško
present the findings of studies on police integrity in the Slovenian police
force and note that these results have an impact on organisational changes
within the police. During the last decade, at least two large-scale surveys
on police integrity were conducted in Slovenia. The first provides an in-
depth exploration of police integrity among Slovenian police officers and
analyses police integrity from the organisational point of view. The second
survey analyses integrity as a fundamental characteristic of successful
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Building Police Integrity by Hans Hovens
leadership. The instrument ‘Perceived Leader Integrity Scale’ was used for
measuring management integrity. The results of the study revealed that
the best predictors for the perception of integrity were work experience,
leadership experience and the education level of managers. Cooperation
between academia and the police has strengthened the need for a more
institutionalized forms of regulation of matters of ethics and integrity within
the police organisation; therefore, the Integrity and Ethics Committee in the
Police was established in 2013. The Committee is a consultative body of the
Director General of the Police and consists of experts employed within the
Slovenian police force. The work of the Committee is supported by the newly
established Research and Social Skills Centre at the Police Academy, which
also serves as a police organisational meeting point for further cooperation
between the police and the academic field.
In the following chapter, Andre Konze shows a design for the evaluation of
police training. He focuses on the subject of the police and human rights
training that has been performed under the responsibility of the Council of
Europe since 1997. Konze argues that, although the training activities were
very well accepted, the reliability and practability of the evaluating methods
were sometimes questioned. Based on the existing literature, he offers a
quantitative quasi-experimental study design. The study Konze intends to
perform will focus on law enforcement officials of (a) certain member state(s)
of the Council of Europe in transition.
The next three chapters deal with the importance of ensuring stability and
question of how the low success rate of democratic police reforms in various
countries can be explained. The first contribution is that of Piet van Reenen.
He takes five in-depth studies carried out by the University of Utrecht on
police reform in Latin American countries as a starting point. His contribution
tries to find an explanation for the lack of success of police reform in these
countries. Analysing the five ‘Utrecht Studies’ and comparing the outcomes
with other studies on Latin American police reform, themes such as ‘de-
militarisation’, ‘community policing’, the influence of organisational culture on
organisational change, the emphasis on the role of professionalism within the
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Building Police Integrity by Hans Hovens
police, as well as the role of training and social movements are all discussed.
Van Reenen’s contribution points the finger at perhaps too ambitious plans, as
well as political resistance and institutional barriers regarding police reform.
In the next chapter, Mark Waine examines the importance of ensuring stability
and security as a primary consideration for the international community in
post-conflict environments. His contribution shows how any capacity-building
objectives will fail to be met if the basic priority of providing a relatively safe
and stable environment in which to operate is not addressed. After comparing
corruption in law enforcement in post-conflict Bosnia, modern day Kenya, and
the situation in Somalia, the article discusses why it is important to consider
corruption within police and law enforcement agencies from the outset of
international operations in such environments. It examines the threat to
operations arising from ignoring corruption within policing agencies at the
same time as seeking to build operational capability by looking at how the
benefits of international capacity-building can be undermined by allowing
corruption, with its links to organised crime, to take root.
In the next chapter, Alice Hills argues that the link between effective policing
and democratic reform is unproven. As Hills continues, this is even so for
expeditionary policing assisting local police forces to fulfil a population’s
requirements; this can offer opportunities for limited but sustainable reform.
Rather than discussing these issues in the light of Western operations and
values, this chapter explores the balance between effectiveness and integrity
in a southern post-conflict environment; in this case, Mogadishu. It uses the
relationship between the African Union’s formed police units and Mogadishu’s
Somali Police Force to consider the minimal conditions under which integrity
measures can be introduced, and, critically, how policing can be made to work
for the benefit of both local police and local people.
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In the final chapter, Piet van Reenen and I reflect on the contributions in this
book, and look ahead to the future. After identifying a number of key issues
from the contributions and the discussions, explanations for the success and
failure of police reform and building police integrity are suggested. Referring
to notions as ‘post-conflict’, ‘social order’, ‘the rule of law’, and ‘police
integrity’, as well as to the sometimes unrealistic approaches in police reform,
the constructionist approaches that can be characterised by their attempts to
reduce uncertainty and a strong normative nature (mostly based on Western
values), and differences in the culture and opinions of the actors involved,
observations regarding academic research and the field of policies and
strategies are made.
4	 Finally
Present-day police operations are characterised by (among other things)
cooperation within a multicultural context. It is noted that this multicultural
character is not only based on the presence of components of different
nationalities, but also different security or Rule of Law actors. Operating
abroad in a setting where the local culture should be the dominant culture,
there is a growing awareness of the importance of cultural differences (and
their consequences for actual behaviour). As integrity contributes to the
public confidence in the police - and thus in the legitimacy of police and
government - to a great extent, differences in the explanation of the notion
of ‘police integrity’ should be bridged and lessons must be drawn from past
experiences.
This book brings together the views of international scholars and practitioners
on the theme of police integrity building. Their views are based on research
and/or extensive experience in expeditionary police or Rule of Law missions.
Their contributions make it possible to look into the challenges one meets
when building police integrity in post-conflict societies from a rather safe
distance. Moreover, the next chapters can give food for thought for future
research and future (international) policies and strategies.
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Building Police Integrity by Hans Hovens
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Haberfeld, M.R., Klockars, C.B. & Kutnjak Ivkovich, S. (2005). Enhancing Police
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in Police Reform, 2005, p. 9. Retrieved from <http://polis.osce.org/
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POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
FIRST PART
45
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
Reflections on police integrity from
an international peacekeeping
context
Key-note Speech at the Opening of the Conference
By Stefan Feller
Police Adviser
And Zoe Mentel
Rule of Law and Security Institutions Officer
United Nations Department of Peacekeeping Operations
1	 Introduction
On an affective level, the word “police” evokes widely disparate responses
from individual citizens. On the one hand, those of us who enjoy the
protection of a well-disciplined, professionalised service organisation, which
respects the principles of democratic policing and human rights, live in a
reality where policemen and women are understood as public servants,
accountable to the public. Under this schema, individuals are able to associate
the image of the uniformed police officer with a provider of security and
order, a crime-fighter who puts the safety and security of others in front and
centre.
Conversely, those who are subject to discriminatory, arbitrary and corrupt
police practices likely associate the police with the abuse of authority
and poor governance, either of an ineffectual or authoritarian flavour.
Transparency International’s “Global Corruption Barometer 2013” found that,
in the 36 countries where “the police are seen as the most corrupt institution,
[…] an average of 53 per cent of people report having paid a bribe to the
police” (Transparancy International, 2013: p. 17).
46
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
As the police officer is often the most visible, daily representative of state
authority within a community, erosion of trust in the police is inextricably
linked to an erosion of trust in the government and the rule of law overall.
These two polar images of the law enforcement profession establish serious
challenges for any who attempt to modernise a police organisation through
change management. This is even truer in a peacekeeping environment. The
public’s understanding of police varies from country to country, from city to
city. Even within cities, the legitimacy of local police may fluctuate drastically
from neighbourhood to neighbourhood, especially when questions of police
bias against minority communities come into play. In its ideal form, however,
policing is society’s safeguard for protecting the most vulnerable, rather
than the most powerful, among us. The best police officers are the ones
who demonstrate the spirit of service, instead the desire to exercise power.
A government that holds its police accountable to its citizens, adhering to
transparency of law enforcement action, has a much stronger chance to be
considered a legitimate stakeholder of citizen’s interests.
2	 Police transparency and the development of modern policing
When Sir Robert Peel first developed modern policing in early 19th century
London, he instituted a number of principles and mechanisms that we still
operate under today. One of these seems so simple, that we often forget how
radical it was at the time. Every police officer in the new Metropolitan Police
Force in 1829 was given an identification number.
Upon induction into the force, each officer under Sir Peel received this
number, so that he (and at the time, of course, all police were “he’s”) could be
held accountable for his actions. Today, the ability to identify an individual law
enforcement official remains a common practice. Police officers from countries
all over the world have their unique identification numbers or nametags
displayed physically on their uniforms, embroidered on epaulettes or collars
and imprinted on official badges and ID cards.
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Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
Most recently, a modern variation of this practice can be seen in parts of
Granada, Spain, where some police are wearing their Twitter handle on
patches on their right shoulders.12
Community-oriented policing relies on accountability, transparency and
open communication and cooperation with the public. And of course, in the
post-conflict and crisis-affected states in which the United Nations Police
work, building these key elements of policing require much more than badge
numbers and twitter handles.
Nevertheless, the general principles remain the same. Police integrity, police
accountability, police legitimacy and police effectiveness are built both on the
macro-level by large, systemic reforms and on the micro-level by the individual
actions, behaviours and attitudes of the women and men who walk the beat,
investigate crimes and respond to calls for service. No discussion of modern
policing would be complete without referencing the intrinsic connection
between policing and the rule of law. The rule of law is a principle that situates
the relationship between citizens and authorities within a legal framework,
rather than upon the arbitrary execution of power. It ensures that any
government action is based on law and legality. As the late British judge Tom
Bingham described it, “All persons and authorities within the state, whether
public or private, should be bound by and entitled to the benefit of laws
publicly made, taking effect (generally) in the future and publicly administered
in the courts” (Bingham, 2010).
For the reasons stated above, policing refers to a function of governance
responsible for the prevention, detection and investigation of crime;
protection of persons and property; and the maintenance of public order and
safety. Police and law enforcement officials (including police, gendarmerie,
customs, immigration and border services, as well as related oversight bodies
12	 Macmillan, G. (2013, 24 June). Pretty amazing approach to Twitter in Granada. All police
officers have their Twitter handle on their uniform pic.twitter.com/ZHbJ0Y2oKa [Twitter post].
Retrieved from https://twitter.com/gordonmacmillan/status/349105381135511552/photo/1
48
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
such as interior and justice ministries) have the obligation to respect and
protect human rights, including the right to life, liberty and security of the
person, as guaranteed in the Universal Declaration of Human Rights and
reaffirmed in the International Covenant on Civil and Political Rights and
other relevant instruments. Pursuant to the UN Code of Conduct for Law
Enforcement Officials, police and other law enforcement officials are required,
at all times, to fulfil the duty imposed upon them by law, by serving the
community and by protecting all persons against illegal acts, consistent with
the high degree of responsibility required by their profession.13
For the United
Nations, the function of domestic policing must be entrusted to civil servants
who are members of police or other law enforcement agencies of a national,
regional or local government, within a legal framework that is based on the
rule of law.14
3	 Police integrity and organisational culture
Policing, as we commonly understand it, only works if the community
accepts as legitimate those who are entrusted to enforce the law. But in
places recovering from conflict, those who committed atrocities – including,
unfortunately, the acts of sexual and gender-based violence that frequently
characterize contemporary intrastate warfare – were often those who also
wore a uniform.
How do we build police legitimacy, therefore, in a state where the police may
be fundamentally mistrusted? Clearly, we need to help host-states undertake
long-term, system-wide reforms, including proper training, the vetting of
13	 UN General Assembly, 34th session, Resolution 34/169 (1979) [Code of Conduct for Law
Enforcement Officials], Article 1.
14	 According to the “Report of the Secretary-General on the Rule of Law and Transitional
Justice in Conflict and Post-Conflict Societies” (S/2004/616), “the rule of law refers to a
principle of governance in which all persons, institutions and entities, public and private,
including the State itself, are accountable to laws that are publicly promulgated, equally
enforced and independently adjudicated, and which are consistent with international human
rights norms and standards. It requires, as well, measures to ensure adherence to the
principles of supremacy of law, equality before the law, accountability to the law, fairness
in the application of the law, separation of powers, participation in decision-making, legal
certainty, avoidance of arbitrariness and procedural and legal transparency.”
49
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
officers, accountability measures to root out corruption and abuse, internal
affairs units, citizen oversight mechanisms, merit-based promotion systems,
professional standards, and strong commitment from top brass for all of the
above. Experience demonstrates that without a deeply rooted commitment
by the state and the society it governs, fundamental and sustainable
transformation of policing into the above is nearly impossible.
At the same time, the entire internal police culture must change. Ethical
police organisations are ones that police themselves, ones in which peers
and colleagues hold each other accountable in terms of integrity and ethics.
These organisations are fundamentally open to scrutiny and dialogue with civil
society. Criminologists have come to understand how informal social control
can be more powerful than formal, institutional controls in curbing criminality
within a community. The same argument can be extended to building integrity
within police organisations. In addition to formal mechanisms listed above, we
must also change the norms of accepted behaviour – and leverage the power
of peer influence within police cultures to root out bad police practices.
Fostering ethics and integrity from within a police organisation is, notoriously,
no easy task. It often requires making tough calls and unpopular decisions. In
1994, for example, a new police chief took over one of the most famous police
organisations in the world, the New York Police Department (NYPD). Its image
at the time was badly damaged. Corruption was, in certain stationhouses,
endemic. The worst, some argued, was the 30th precinct in Harlem, which was
scandal-ridden and accused of a wide litany of abuses, from officers stealing
drug money to physically assaulting suspects. In the middle of the night, the
NYPD’s chief, backed by the District Attorney, gathered local news media and
raided the so-called “Dirty 30.” In front of news cameras, he began publically
confiscating the badges of corrupt officers and throwing them into the garbage
can. “I am retiring their badges,” he said to the press, “so that no cop will have
to wear a disgraced number again (Levitt, 2009: p. 84). In the end, almost
three dozen officers were arrested and prosecuted.
50
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
Many police observers have understood this highly symbolic action as a
turning point for the NYPD. Organisational culture began to change once it
became clear that neither police leadership nor the public would continue
to tolerate corruption and criminal behaviour. But the job that we face in an
expeditionary police setting is, unfortunately, often much more complex and
fraught with difficulties.
Former United Nations Police Adviser, Mr. Mark Kroeker, has on occasion told
a story about rebuilding the police in Liberia, immediately after that country
emerged from its brutal civil war. He wanted to engage a Liberian National
Police officer in a conversation about how to prevent corruption in the LNP.
Instead of talking about reform measures and capacity building, however, this
officer turned to then-Commissioner Kroeker and said, with simple candour,
“I cannot feed my family on integrity alone.” Doubtless many police who have
served with international police missions would be able to recount similar
anecdotes from all over the world, from countries torn by or emerging from
conflict.
4	 The global effects of both large- and small-scale police
corruption
This is how corruption persists. It’s not a simple question of good vs. evil.
Questions of ethics rarely are. However, this binary “logic,” often associated
with quick and easy value judgments of public services in less developed
countries, can lead us to simple assessments: bad police institutions become
no more than a collection of backwards, bad people. Moreover, reforming
the police must be done in tandem with reform in overall governance, as
corruption in the former is largely symptomatic of corruption in the latter.
Corruption persists not only because of greed and criminal intent on the part
of individual police officers. It persists also because “shortcomings of state
capacity” – including, systemic failures in the rule of law, as well as the failure
to meet the material needs of both the police and the citizens that they are
supposed to protect (Goldsmith, 2003: p. 10).
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Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
Serious and fundamental deficiencies in the most basic policing infrastructure
leave “even well-intentioned and dedicated officers” without the tools to “do
their job properly” (Goldsmith, 2003: p. 10).
How do we build the political will required to adequately resource a
professional police service? Often this boils down to influencing governments
to find a way to pay the wages of their police officers, sufficiently and
regularly. It also means recruiting the right people and, then, training and
equipping them properly. However, anyone who has spent even a short
period of time with police in a less developed country will attest to the
lack of the most basic infrastructure, which modern police services take for
granted. Besides body armour and safety equipment, serviceable police
stations, dedicated police vehicles and humane detention facilities, host-
states colleagues often lack typewriters, paper and pens – not to mention the
literacy that must accompany their use.
But beyond providing resources for such seemingly unending needs, fighting
police corruption also means instilling, in the hearts of every line officer, the
fact that each citizen interaction represents a choice – the choice to uphold
the principles of democratic policing or the choice to undercut them. While
police infrastructure and capacity may be built brick by physical brick, police
integrity is built during each and every traffic stop.
This is critically important because police integrity lies at the heart of whether
we, the international community, succeed or fail. Perito and Bayley argue that
“Eliminating police corruption is required for any country that has establishing
the rule of law as a national objective. Ignoring this imperative means that
international efforts at nation building proceed at their own peril” (Bayley
& Perito, 2011: p. 2). Taking this line of thought even one step further, one
could argue that police corruption threatens not only nation building within a
government’s borders, but also regional stability as a whole.
52
Reflections on police integrity from an international peacekeeping context
by Stefan Feller and Zoe Mentel
Large-scale police failures support global instability through known linkages
between traffickers of illicit goods, armed groups, and corrupt political
actors. This is made clear by the ability of transnational organised criminals
to create serious threats to the international community’s efforts, including
peacekeeping, to assist fragile and recovering states. Specifically, illicit
networks have demonstrated a resilient ability to undermine to government
legitimacy and authority, as we have seen firsthand in a number of contexts.
For decades, well-resourced and powerful drug trafficking syndicates have
exploited weak governance, porous borders, and limited law enforcement
capacity in Central America. More recently, they have also contributed
significantly to the entrenched dysfunction troubling a number of host-states,
ranging from Guinea-Bissau to Afghanistan, where the weakness of state
institutions both creates and is created by the proliferation of drug trafficking.
However, as much as large-scale police corruption, such as complicity with
international criminal organisations, supports global instability, it would be
dangerous to overlook how “small-scale” or “routine” police corruption can,
both individually and in the aggregate, influence world-historical events. In
a world that is increasingly interconnected, the actions of a small number of
patrol-level police officers can move from local to global in the blink of an
eye.15
While the geopolitical causes of the Arab Spring are deeply contested and
its long-term effects still unclear, one founding narrative has remained
constant. The symbolic event most often cited as the immediate spark for
this unprecedented regional upheaval has coalesced upon the actions of a
single fruit vendor. Both traditional and social media have mythologized a
young Tunisian named Mohammed Bouazizi. In 2011, his spontaneous self-
immolation on the streets of Sidi Bouzid, a town of 40,000 residents some
15	 Social media, furthermore, has rapidly increased the visibility and scrutiny of questionable
actions by individual police officers. For example, the contested, fatal shooting of an
unarmed, 22-year old named Oscar Grant III by a transit police officer in Oakland, California,
was caught on film by multiple mobile phone video cameras. YouTube footage of the shooting
has received millions of views and fueled both protests and rioting.
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Construyendo Integridad Policial

  • 1. POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE BUILDING POLICE INTEGRITY A POST-CONFLICT PERSPECTIVE EUROPEAN UNION POLICE SERVICES TRAINING (EUPST): LOWLAND GRENADE 2011-2013 CONFERENCE “POLICE INTEGRITY BUILDING”
  • 2. POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE ©2014 Royal Netherlands Marechaussee Layout : Graphic Design Service, Defence Audiovisual Service, The Hague, Netherlands Print : OBT, The Hague, Netherlands This project is part of the European Union Police Forces Training (EUPFT) funded by the Instrument for Stability - Crisis Preparedness Component of the European Commission. Views and opinions expressed in this publication are, and remain, the sole responsibility of the author. They do not necessarily express the views of the Minister of Defence. 1st edition 2014 ISBN: 978-90-817734-1-6 All rights reserved. No part of this publication may be reproduced, transmitted, or stored in a retrieval system, in any form or by any means, without the prior permission of the author.
  • 3. 3 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE Foreword In 2014, the Royal Netherlands Marechaussee had the honour of organising the Dutch part of the 2011-2013 European Union Police Services Training (EUPST). The EUPST is a training cycle aimed at preparing international police and gendarmerie personnel, the Royal Netherlands Marechaussee among them, for current and future police missions, missions that make an important contribution to maintaining the international rule of law. Parallel to Exercise ‘Lowlands Grenade’, the Dutch part of the aforementioned EUPST, the Netherlands also organised the ‘Police Integrity Building’ conference. By organising this conference, the Netherlands wanted to stimulate the discussion of a subject that is not only highly relevant to building national police services, but also very topical. We are convinced of the importance of police integrity, but we also know there are challenges to be met when aiming to establish reliable police organisations and endeavouring to maintain law and order. The conference therefore focused on police integrity building in fragile communities and post-conflict societies. With the conference, the Netherlands wanted to provide new impetus to the subject of police integrity building. The conference was attended by international academics, police specialists and police practitioners from 25 countries, and offered an opportunity to exchange views on police integrity building from different perspectives. The book before you mirrors the contributions presented at the conference.
  • 4. 4 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE I would like to pay tribute to all those who played a role in organising and conducting the conference. I am also grateful to all of those who participated in the conference, and – by doing so – provided input. A special word of thanks goes to the contributors to this book. Allow me to express the hope that the blend of academics and practitioners will indeed give new incentive to the subject of police integrity in post-conflict environments. Integrity is without doubt an important requisite for people’s trust in police organisations, and subsequently, police legitimacy. Hans Leijtens Lieutenant General Commander of the Royal Netherlands Marechaussee The Hague, November 2014
  • 5. 5 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE Editors’ Introduction Police play a crucial role in present peace operations. According to the German Center for International Peace Operations, in September 2014 some 13,772 police officers from all around the world were deployed to more than twenty- five missions under the umbrella of – mainly – the United Nations (UN) and the European Union (EU). Police are faced with increasing challenges in their expeditionary missions: linkages between terrorism, armed groups, traffickers and transnational organised crimes threaten the peace. Crime has become a global problem, and can stem from local breeding grounds but can also originate from far afield and have local effects. The international community is responding to these challenges, and the UN has developed a new strategy, in short “to build long- term peace and security through the establishment of democratic policing”. The UN Police Advisor, Stefan Feller, argued in the UN Police Magazine earlier this year that it is impossible to guide a host-country from conflict to peace without developing a working, indigenous police service. In response to the increasing demand for prolonged and more complex police missions both the UN and the EU looked for ways to contribute to the strengthening of police capabilities to support stabilisation efforts in post-conflict societies. The more complex and more dynamic environment in which police are working alongside the military, and other security actors also made more demands on the preparation, in particular training, of police officers. The EU Police Services Training (EUPST), where the idea for the conference on building police integrity was born, is an European example of this development.
  • 6. 6 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE The subject of the conference and this book is strongly linked to one of the aims of EUPST: preparing to help establish a democratic, human rights- respecting indigenous police service. This police service should be based on the public’s trust in its police. Building police integrity is inextricably linked with this, and is one of the denominators of police reform. In this police reform, the increase of police effectiveness and provision of (more) security by doing so on the one hand, and the transformation of the police into a more democratic and legitimate organisation on the other hand, needs careful balancing. As the Netherlands, in particular the Royal Netherlands Marechaussee has gained a great deal of experience in police missions abroad, the subject for the additional conference was chosen quickly. In missions like the ones in, for example, Cambodia, Namibia, the Balkans, Iraq, and Afghanistan, the Royal Netherlands Marechaussee observed the performance of the local civilian police, trained police personnel, monitored the police organisation, and advised on improvements. Recurring topics in training local police were – and still are – : integrity, discretion, confidentiality, service to community. Operating in a different cultural environment, taking morally correct decisions was complicated: what to do when – patrolling together with colleagues from the local police – one sees a local woman being punished by caning? Police on expeditionary missions have to take decisions in a completely different cultural setting. A setting in which professional behaviour, and a ‘moral compass’ will help to take the right decisions. This book has three objectives. First of all, it collects and synthesises the relevant views of (international) scholars and practitioners and describes police integrity building in post-conflict societies from different angles, while touching on the challenges one encounters. In doing so, and that is the second goal, the book adds value to public discourse on building police integrity in post-conflict societies with the stakeholders: police managers, academics, practitioners, and policy makers. Finally, this book can be used as a stepping stone for further research on the subject of police integrity building in the fast growing field of international policing studies.
  • 7. 7 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE The realisation of Building Police Integrity, A Post-conflict Perspective was both challenging and inspiring. Wanting to interest both our academic and practitioner audiences, the book combines contributions of both practitioners and scholars from various countries and organisations. This turned out to be a challenging venture. More general and theoretical parts had to be blended with more practical considerations. Styles vary: while some have concentrated on the more abstract – or academic – themes, others have put more emphasis on the national context of police integrity and the lessons learned in this respect that can be applied to expeditionary police missions. I have been fortunate to have sufficient well-skilled reviewers that enabled me to deliver quality contributions. Many thanks to all of those who helped me in realising this book: the reviewers, the graphic designers who provided the elegant design, and our colleagues from the Netherlands Ministry of Defence translation department that helped us so well in achieving a good standard in the English language. This journey was also inspiring. I have learned a lot by reading all of the contributions that were sent in, but reading them also made me very curious about the answers to questions that have not yet been raised. In this way, the book reflects the start of a promising journey into the subject of police integrity as part of post-conflict police reform. I welcome comments, ideas and expressions of interest in joining us on this journey. Hans Hovens November 2014
  • 8. 8 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE
  • 9. 9 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE Tabel of content Foreword 3 By Hans Leijtens Editor’s introduction 5 By Hans Hovens INTRODUCTION 12 Building Police Integrity 13 By Hans Hovens FIRST PART 44 Reflections on police integrity from an international peacekeeping context 45 Key-note Speech at the Opening of the Conference By Stefan Feller and Zoe Mentel Shades of Grey in the Thin Blue Line: 57 Determinates of Police Conduct By Simon de Saint-Claire Renegotiating the Contract: 81 A re-examination of Social Contract Theory against the backdrop of modern day ‘State reformation’ post-crisis, and Police Integrity By Nathan Briant and David Oram Tackling corruption from below 103 Dutch and Afghan Perspectives By Michelle Schut and Jan van der Meulen
  • 10. 10 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE SECOND PART 132 Jordanian Police and Gendarmerie in Police Integrity Building 133 “A Descriptive Study in Jordanian Society and Post-Conflict Societies” By Moutasem Abu Shattal Rebuild the Integrity in Transitional Countries: 161 A Romanian Gendarmerie Experience By Ovidiu Vasilica Community-based Policing in Afghanistan: 177 Lessons learned – Towards a Harmonised Approach for Afghanistan By Ludmilla Dadrass Twinning Project: 209 Training of Turkish Jandarma Officers on European Human Rights standards, 2005 - 2010 By Renato Raggi Hate Crimes 229 The ethical context of investigating hate crimes (considering Post-conflict Societies) By Małgorzata Andrzejczak-Świątek Police Integrity Surveys and Implementation of Findings within the Slovenian Police 249 By Branko Lobnikar , Robert Šumi, and Gorazd Meško Evaluating Human Rights Training 273 A design for a projected quantitative quasi-experimental study evaluating Council of Europe’s Human Rights training for Police By Andre Konze
  • 11. 11 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE THIRD PART 296 The Rule of Law, Human Rights and Changing the Police in some Latin American countries 297 By Piet Van Reenen Effective Policing: 341 What’s integrity got to do with it? By Alice Hills Affecting Police Capacity Building 365 Issues of integrity and corruption affecting police capacity building in post-conflict regions By Mark Waine Between abstention and sturdiness 405 Reflections on the conference and looking ahead to future police integrity building in post-conflict environments. By Hans Hovens and Piet van Reenen
  • 12. 12 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE INTRODUCTION
  • 13. 13 Building Police Integrity by Hans Hovens Building Police Integrity An Introduction1 By Hans Hovens Colonel of the Royal Netherlands Marechaussee (retired) 1 Giving rise to a conference This book is the outcome of the Royal Netherlands Marechaussee’s ambition to organise a conference parallel to Exercise Lowlands Grenade , which was part of the 2011 - 2013 European Union Police Services Training (EUPST) programme.2 The conference was aimed at giving (new) impetus to and gaining new input for a subject that is extremely relevant to building indigenous police services, and is also very topical. It served as a platform to share and discuss experiences gained during police missions abroad. The conference also demonstrates the ability among professionals in the Netherlands to address delicate and tricky subjects in both an academic and pragmatic way. The subject chosen for the conference was ‘Building Police Integrity’. It is closely related to the legitimate ambition to tackle police corruption and inappropriate police behaviour. This is a crucial need, because corruption and inappropriate behaviour incite the public’s distrust and disrespect of the law. Hence, a successful implementation of the rule of law depends on police integrity building, as an effort incorporated into the larger project of police capacity building, or even broader, the rule of law mission. 1 The author thanks Th. A. van Baarda , J.B.J. Orbons and two anonymous reviewers for their comments on earlier versions of this contribution. 2 The Royal Netherlands Marechaussee was part of the cooperation between the Dutch, French, Italian, Romanian and Spanish gendarmeries, as well as CEPOL, the European Police College, that was granted the organisation of the 2011-2013 European Union Police Services Training (EUPST) by the European Commission. The Netherlands organised the sixth (and penultimate) session in June 2014.
  • 14. 14 Building Police Integrity by Hans Hovens It is important to note that transforming indigenous police into rights- respecting police services, that simultaneously provide protection and fight crime, has proven to be challenging, both in national and international settings (see a.o. Newburn, 1999; Harris, 2005; Holmqvist, 2005; Bayley, 2006; Philp, 2008; Cockayne & Lupel, 2009; Holt & Boucher, 2009; RUSI & FPRI, 2009; Loh, 2010; Bayley & Perito, 2010 and 2013). This chapter starts by placing the subject of the conference in a wider context and introduces the concept of integrity in its many facets. It addresses the importance of this notion for the police, the question of why integrity is violated and gives possible ways to safeguard or promote integrity. The third section deals with the framework of this book and outlines the chapters that follow. 2 Setting the scene During my first training as an officer in the Netherlands Marine Corps, some forty years ago, my thinking about integrity and human rights was primarily guided by my knowledge of a number of fundamental rights under the Dutch Constitution and international humanitarian law, such as in the Geneva Conventions, the Additional Protocols and the The Hague Conventions. I remember Frits Kalshoven’s book, ‘Zwijgt het recht als de wapens spreken?’3 [‘Is Justice Silent when Weapons Speak?’]. I also recall the reservations I had regarding its practical value: what if I comply with these rules, while my opponent does not? My attitude towards fundamental rights rapidly changed after I joined the Royal Netherlands Marechaussee in 1982. Apart from developing my knowledge of humanitarian law, human rights law, and professional ethics, I also became inspired by the people I was surrounded by at that time, and realised that complying with humanitarian law and human rights law is more than to merely follow a strictly legal approach. 3 In 1987 The International Committee of the Red Cross published an English version of this work under de name “Constraints on the Waging of War: An Introduction to International Humanitarian Law”. The English publication has been updated several times since. In 2001 a second author (L. Zegveld) was added.
  • 15. 15 Building Police Integrity by Hans Hovens Gradually, my interest in and focus on the subject broadened: humanitarian law and human rights law broadened to include police integrity, including the (more) normative , sociological, and managerial aspects. Becoming more and more involved with the missions of the Royal Netherlands Marechaussee abroad, the relationship between police reforms and curbing corruption presented itself. Situations such as in Afghanistan, the Democratic Republic of the Congo, Ghana, India, Kenya, Kyrgyzstan, Malaysia, Mexico, and Papua New Guinea (AI, 2014: HRW, 2008, 2009, 2014a and 2014b; Pyman et al., 2012 ), as well as research done by for instance Bayley and Perito (2013) still demand our attention and call for an appropriate approach. However, a number of cases in Western democratic countries also require attention. Four examples illustrate this: • Just before the start of the conference in June 2014, an article appeared in a Dutch newspaper that reported the involvement of a member of the Royal Netherlands Marechaussee in drug trafficking; the individual involved was alleged to be corrupt. • In September, critical questions were raised regarding the procedures of the Dutch National Police for the procurement of new material. • In the United States, the integrity of the police of the city of Ferguson and its use of force was questioned worldwide after its citizen Michael Brown was fatally shot by the police. • In the United Kingdom, the Home Secretary, Theresa May, made a statement before the House of Commons that she believed the vast majority of police officers in the United Kingdom do their job honestly, and with integrity. But as, as she continued, “the good work of the majority threatens to be damaged by a continuing series of events and revelations relating to police conduct”, and therefore additional measures were necessary (UK Home Secretary, 2014).
  • 16. 16 Building Police Integrity by Hans Hovens Police integrity is obviously a multi-faceted concept, that is inextricably connected to police conduct and the people’s trust in their police. Not only in remote countries in transition, but also at home and ‘next door’. This brings us to the theme of the conference and the subsequent conference book: Building Police Integrity- A post-conflict perspective. In this section the notion of police integrity, and subsequently its relationship with the post-conflict environment, will be described. 2.1 Police Integrity In an effort to elucidate the notion of integrity, Huberts (2012: p. 21) starts by stating that integrity is all but an easy concept. The concept is interpreted in many ways, but always with a sense of intrusiveness, being far-reaching and also elusive, as he puts it. The notion of integrity raises many integrative questions: What exactly is integrity? What can go wrong, what type of integrity violations can be distinguished, and what helps to protect and promote integrity? Most of the definitions of integrity held by a large number of people distinguish three aspects: wholeness (i.e. being consistent, coherent, and consequent), (professional) responsibility as the primary focus, and always involving values, norms and rules. Although perhaps less academic, the British scholar/writer Lewis gives a succinct and to-the-point description of ‘integrity’: “Integrity is doing the right thing, even when no one is watching”4 . Obviously, integrity is a normative notion and has to do with one’s (own) responsibility. 4 Lewis, C.S. retrieved from http://chroniclesofcslewis.com/351/2013/11/19/integrity-is- doing-the-right-thing-even-when-no-one-is-watching-c-s-lewis/
  • 17. 17 Building Police Integrity by Hans Hovens That integrity can be far-reaching is well-illustrated by a quote from the late Ms Ien Dales, Minister of Home Affairs of the Netherlands in the early 1990s, who quite categorically stated: “The government authorities are either unimpeachable or not. Possessing a bit of integrity is impossible” (translated from Dutch: “De overheid is óf wel óf niet integer. Een beetje integer kan niet”)56 . She was responding to a small number of cases of corruption in local government. Integrity is generally viewed as compliance with doing the good or proper thing, with virtue, and in compliance with relevant moral values, norms, responsibilities, and ground rules. It is recognised that integrity underlines aspects of the quality of both persons and organisations. Both Huberts (2010: p. 192) and Van Reenen (1997: pp. 44-45; 2012: p. 128) emphasise that the relevance of the values, norms, laws (i.e. national laws, international laws, and human rights law) and rules depends on the context. For the conference and this subsequent book, this context equates with the central theme: building police integrity within the framework of police reform in post-conflict societies. Closely related to and difficult to separate from the concept of integrity is the notion of ethics. While ‘integrity’ is perhaps more pragmatic and administrative, ‘ethics’ focusses on what is morally right and wrong, or good and bad. This involves both (1) personal value systems; (2) professional ethics referring to the moral values and norms that are inherent to the morally pure exercise of the (police) profession; and (3) organisational ethics: the standards 5 Speech [Om de integriteit van het Openbaar Bestuur] by the Minister of Home Affairs, drs. C.I. Dales, at the congress of the Dutch Association of Netherlands Municipalities (VNG), June 1992 in Apeldoorn. 6 Although there is perhaps a tendency in the Netherlands (at least in the public arena) to lump all integrity issues together, and then explain them in black or white terms, some authors have a more nuanced view. They argue that, while acknowledging that incorrect behaviour needs to be addressed, black and white thinking hampers the awareness that has to accompany the promotion of integrity (see a.o. . Boer, de, 2014; Brouwer, 2014).
  • 18. 18 Building Police Integrity by Hans Hovens set for both the (police)organisation and its staff7 . As Van Baarda and Verweij (2006: p. 2) argue, these layers “do not necessarily coincide. They may be distinct from each other, overlap and reinforce each other; while at times there may be tension between them.” Using the layers or levels helps us to better understand ethics or integrity and the question of why moral standards that guide social behavior are suspended, while giving direction to the protection and promotion of integrity. The following part of this subsection deals with police integrity as such. The questions raised by Huberts will be addressed in line with the three layers just mentioned. In the next subsection, the nexus of police integrity and police reform in post-conflict societies will be described. Huberts’ first question refers to the meaning of police integrity. Police officers are both citizens in uniform and government officials. This means that, at the level of personal ethics, the ideological views or religious conviction of the police officer could play their role. In general, he or she may experience and propagate their views in their private life. This cannot be the case when he or she is in office. And although the general view of police officers (as for example, also for members of the armed forces) is that they always (24/7) observe integrity, in practice this idea is more ambivalent. 7 In the literature several sets of ‘layers’ are applied. Van Baarda and Verweij (2006: 2-6), for example, identify five layers: (1) personal value systems; (2) professional ethics; (3) ethics of particular professions within the military; (4) organisational ethics, (5) political ethics. Neyroud and Beckley (2001) distinguish three layers: (1) personal ethics, (2) operational ethics, and (3) organisational ethics. For other aspects (in addition to the facets of covert policing, policing dangerousness, and police using force, mentioned under ‘operational ethics’), within the profession can play a role, the more generic ‘professional ethics’ is preferred here. Although the contribution to police reform abroad is subject to the standards set by the government, the fifth layer of van Van Baarda and Verweij is not considered here.
  • 19. 19 Building Police Integrity by Hans Hovens At the personal/professional level, it is argued that most police officers are basically, good, ethical and caring people. Although sounding somewhat cliché8 , they perform their jobs because they want to make a positive difference to the community. Police officers often adhere to strong, positive moral values during the work in which they are at great personal risk. Policing gives great personal satisfaction and self-esteem. Therefore, most policemen in principle also refrain from unethical behaviour. At the levels of professional ethics and organisational ethics, special attention must be paid to two specific characteristics of police organisations: (1) the police comes, more than any other civilian organisation into contact with the bottom layer of society, and police officers are - by definition - confronted with sometimes disgusting behaviour and can become frustrated or subject to, for instance, extortion. (2) by law, the police has a hierarchical relationship with citizens. This provides a balance of power, but also gives ground for the abuse of power or the perverted enjoyment of power. Special attention must be given to the use of force by the police. On the basis of the hierarchical relationship just mentioned, citizens must obey rules and instructions given by police officers. Failure to do this gives (de jure and de facto) the police the authority to use force to enforce compliance. Police are often considered as the guardians of social order (e.g. Alemika, 2003). It is argued that the police, as an institution, helps to produce, preserve and strengthen the prevailing order. The role and performance of police organisations can differ, because they depend on the political and economic structures of society (e.g. Alemika, 2003; Uildriks & Van Reenen, 2003). Irrespective of the question of what the role and contribution of the police is in the existing social order is, it is good to note the relationship between policing, government and society, and the mission of policing. Combining the (theoretical) judicial order with social reality, police find themselves in a somehow contradictory position. Embodying the state’s monopoly on the use 8 This is true for the greater part of the police from Western countries, but applies to a significantly lesser extent to police officers from fragile states (see a.o. Downie, 2013; RUSI/ FPRI, 2009; Pyman, Cohen, Boardman, Webster & Seymour, 2012)
  • 20. 20 Building Police Integrity by Hans Hovens of force, police officers (can) deploy physical violence to enforce laws, restore and maintain public order, and advance government policy, notwithstanding the fact that democratic societies are organised around the consent of the governed, and are not based on the coercive imposition of the government. In line with this, Frans Denkers, a police psychologist with the Amsterdam Police Force, was very explicit and argued that the police were often not called to catch criminals or curb riots – something that citizens themselves as a rule can do more quickly and efficiently – because of fear of abuse of power, arbitrary and disproportionate action, bias, discrimination and interest (Denkers, 2001). Denkers discovered that the essence of the professional attitude of the Amsterdam police was ‘compassionate justice’, a feature that is not so much rooted in their technical skills and competencies, but in their moral orientation and their involvement with many types of people. Following Denkers’ views means that whoever wants to maintain norms and rules in society should comply with these norms and rules. In this way, police integrity becomes an essential condition for the credibility, trustworthiness and legitimacy of (public) policing. The police tasks linked to both crime control and maintaining (public) order are related to ethical aspects. Commitment and care for the safety of and quality of life in society and the vulnerable in society are general values for police officers (see e.g. Van Reenen & Kaptein, 1998). Van Reenen and Kaptein (1998) also distinguish values (1) that are related to the external environment of the police ((a) independence, objectivity and fairness; (b) approachability and kindness; (c) external openness and accountability; (d) consistency, clarity, predictability and uniformity) and (2) that related to the police organisation itself ((a) loyalty and collegiality; (b) participation in the work; (c) internal openness; (d) correctness and confidentiality). Neyroud & Beckley (2001) and others add the principles of legality, proportionality and necessity to the ‘list’ of police core values. These principles give guidance in the decision-making process of the individual police officer and the police organisation in general, as well as to the operational process.
  • 21. 21 Building Police Integrity by Hans Hovens Police integrity refers to performing police functions in accordance with prevailing moral norms and values, duties and regulations. It also refers to practical action, to job performance in accordance with applicable standards and values. An important foundation for this are the wide-ranging human rights9 , the ethics of the police, the general moral principles governing the police (legality, proportionality, necessity and accountability [Neyroud & Beckley, 2001: pp. 64-67]) and values such as integrity and collegiality. On the role of the police in democratic societies, the Council of Europe states in the introduction of the Explanatory Memorandum on the European Code of Police Ethics10 : “…A glance at the role of police in a democracy reveals the particular relevance of a code of ethics for the police. People within democracies have organised their states to secure maximum freedom for themselves within the rule of law. Likewise, the criminal justice systems have been developed with the purpose of providing individual liberty and security. In democratic societies where the rule of law prevails, the police undertake the traditional functions of preventing, combating and detecting crime, preserving public tranquillity, upholding the law, maintaining public order, and protecting the fundamental rights of the individual. Moreover, in such societies the police provide various services to the public that are of a social nature, which support their other activities. They are granted discretion to fulfil these functions. The police in democracies help to sustain the values of democracy, and are themselves imbued with the self-same values. In general, the public consent to and, indeed, welcome the exercise of legitimate authority by the police so long as the police are seen to carry out their tasks towards worthwhile, democratic ends in an ethically acceptable manner. In turn, when they fulfil these conditions, the police have every right to expect that the public will trust them to carry out their 9 Van Reenen (2012) argued that human rights can now no longer apply exclusively for the police as a series of rules arising from international treaties, but are drawn to a higher level by extending them as design criteria for an entire policy, or an entire organisation. 10 Recommendation Rec (2001) 10 of the Committee of Ministers to member states on the European Code of Police Ethics.
  • 22. 22 Building Police Integrity by Hans Hovens responsibilities, and support and co-operate with them in their activities when doing so. These ideas about policing within democracies are at the heart of the Council of Europe…” There are many different descriptions of police integrity. In most cases, ‘integrity’ is simply associated with not being corrupt. Others argue that ‘police deviance’ is a much broader term than corruption. It includes all activities which are inconsistent with norms, values, or ethics (from a societal standpoint or even from the police standpoint) (e.g. O’Connor, 2005). This brings us to Huberts’ second question: what can go wrong? Police integrity, as just indicated, is often referred to with what it is not: it is being not corrupt, i.e. not taking bribes or accepting gratuities. But it can also refer to refraining from the abuse of authority to gain favours or benefits offered by external parties with an interest in past, present, or future decision-making (see a.o Huberts, 2010: pp. 192-196). Police integrity also means to not pervert the course of justice (by falsifying records, perjury, falsifying witness statements and tampering with evidence), or to avoid the unnecessary, disproportionate use of force. It also means to not steal, including items confiscated during arrests (money and/or seized goods), or to not perpetrate fraud and the unauthorised disclosure of personal information of offenders, suspects or civilians, information from crime reports, or information that could jeopardise the course of justice. Finally, police integrity also includes refraining from gaining unauthorised access to police systems for personal gain (including ‘services’ for family or friends), such as searching police databases for (more detailed) information on persons, organisations, real estate, and movable property. Police deviance or misconduct can either be an act or omission of a duty based on the law or internal guidelines, due to negligence or not having recognised the obligation (nonfisence), or the improper, careless or negligent performance of an obligation (misfisence). Intentional committal of forbidden acts, the deliberate unjustifiable performance of acts, or omissions (mostly the case with police corruption) represent the worst infringements of police
  • 23. 23 Building Police Integrity by Hans Hovens integrity (maleficence). Two acts that are more situated at the sunny side of integrity, are actions carried out for the benefit of others (beneficence) and actions that do not harm others (non-maleficence). The two actions are closely related to the emphatic capacity of police officers, mentioned elsewhere in this chapter. As cases of police corruption or deviance can seriously harm the (long- lasting) efforts to establish trust and confidence between the police and members of their community, it is argued that police integrity has to be protected and promoted (see a.o. Goldstein, 1976; Kleinig, 1996; Neyroud & Beckley, 2001). In trying to find an explanation on the question as to why police officers bend and break laws, rules, and regulations, scholars such as Goldstein(1975), Klockars et al.(2004 and 2005), O’Connor (2005) and Punch (2003 and 2009) give direction regarding how to approach this question. One clear line of argument has to do with the question of at what (organisational) level corruption is taking place. Looking at the micro-level, police deviance is individualised and considered as an individual problem. The theory of the so-called ‘Rotten Apple’ first appeared in the report of the Knapp Commission in 1973. In the years that followed, the academic view on the explanation of police deviance broadened. According to O’Connor (2005), it is also the very structure of policing that provides opportunities to “learn the entrenched patterns of deviant police conduct that have been passed down through generations”. This view is also known as the ‘Rotten Barrel’ theory. Punch adds the institutional level of police, and labels this as the ‘Rotten Orchard’. He notes that “the metaphor of ‘rotten orchards’ indicate(s) that it is sometimes not the apple, or even the barrel, that is rotten but the system (or significant parts of the system)” (Punch, 2003: p. 172). While the ‘Rotten Apple’ theory can be linked to the layer of personal ethics or professional ethics, the ‘Rotten Barrel’ theory is more linked to layers of professional ethics and organisational ethics. The metaphor of the ‘Rotten Orchard’ is linked to the layer of organisational ethics.
  • 24. 24 Building Police Integrity by Hans Hovens When looking for answers to the question of why police officers deviate from moral values and standards, Bandura’s theory of ‘moral disengagement’ (Bandura, Barbaranelli, Caprara, & Pastorelli, 1996; Bandura, 1999; Van Baarda, 2006), plays an important role. Although the theory was first developed to explain terrorism and the use of force by the military, various authors later broadened and deepened the theory (see also Loyens & De Schrijver, 2012). The core of the explanation for unethical behaviour lies in the cognitive restructuring of undesirable behaviour by individuals beforehand, making it more acceptable or, which individual responsibility is minimised. Faced with a dilemma, ‘moral disengagement’ can ensure that - provoked by certain contextual aspects - values are weakened and others are emphasised so that, for example, the violation of rules is seen as normal. Loyens and De Schrijver (2012) argue that five mechanisms of ‘moral disengagement’ seem to be most relevant within the context of police organisations: (1) ‘justification’; (2) ‘distortion of consequences’; (3) ‘displacement of responsibility’, (4) ‘diffusion of responsibility’; and (5) ‘euphemistic labeling’. If moral disengagement can be described as ‘justification’, the police officer refers to a greater good served by the unethical behaviour (e.g. the public interest). In case of ‘distortion of consequences’, the officer minimises the consequences of his or her actions, so that it is presented less severely. The next two manifestations of ‘moral disengagement’ reduce individual responsibility. Referring to the ‘displacement of responsibility’, the police officer delegates his or her responsibility to a hierarchical superior. In case of ‘diffusion of responsibility’, responsibility is spread among several people, so that the individual role of the actor is smaller (“everybody does it”). ‘Euphemistic labeling’ defuses the moral tension of the unethical behaviour by using sanitising language in order to detract from the emotional intensity of the reality being referenced [examples are: ‘collateral damage’ instead of the ‘the killing of innocent civilians’; or ‘enhanced interrogation’ instead of describing repeated efforts to bring an apprehended suspect almost to the point of drowning].
  • 25. 25 Building Police Integrity by Hans Hovens A prominent position in the discourse on police corruption is known as the ‘Dirty Harry’ syndrome, or ‘Noble Cause’ corruption. The ‘Dirty Harry’ syndrome is about the fictional Inspector Harry Callahan who in a number of popular cinema films uses all the (extreme) violence necessary to catch the sociopathic killer Scorpio. The deviant behaviour of Harry Callahan is viewed as an example of a conflict between good and evil, and where tough or deviant action are supposed to be appropriate in order to make an arrest or get a confession (Kleinig, 1966: pp. 52-64; Klockars et al., 2005). Pointing to the same dilemma, using devious means in order to achieve just ends, authors in the United Kingdom and elsewhere use the notion of ‘Noble Cause’ to express this justification of police deviancy (see a.o. Neyroud & Beckley, 2001; Punch, 2009). In this sense, the ‘Dirty Harry’ syndrome can be seen as the moral disengagement mechanism ‘justification’. A case that comes close to the ‘Dirty Harry’ syndrome took place in Germany in 2002, and is known as the Case of Gäfgen versus Germany (European Court of Human Rights, 22978/05, 01/06/2010): “…The deputy chief of the Frankfurt police ordered another police officer to threaten the detained suspect with considerable physical pain, and, if necessary, to subject him to such pain in order to make him reveal the whereabouts of a kidnapped boy. The detective officer thereupon threatened the suspect with subjection to considerable pain at the hands of a person specially trained for such purposes if he did not disclose the child’s whereabouts. According to the suspect, the officer further threatened to lock him in a cell with two huge black men who would sexually abuse him. The officer also hit him several times on the chest with his hand and shook him so that, on one occasion, his head hit the wall.” What can be done to promote and protect police integrity? Examining the existing literature in order to address this final question posed by Huberts, a wide variety of possible (and used) approaches emerges. A first (more general) outcome from this literature survey concerns the presence of two dominant strategies, which promote and protect integrity: (1) the compliance-based
  • 26. 26 Building Police Integrity by Hans Hovens strategy; and (2) the integrity (-based) strategy (e.g. Paine, 1994). Whereas the first approach is focused on the compliance of employees to rules and administrative procedures (telling them what they can’t do), the integrity strategy emphasizes the managerial responsibility for ethical behaviour and focusses on the actions or effects to be achieved. Although they differ in goal and method, together they contribute to the promotion and protection of integrity. Within the layer of personal integrity and professional ethics, two aspects can be distinguished: (1) reduction of the possibility of non-ethical behaviour through selection of staff, and (2) the enhancement of moral competence through education and training (often with an emphasis on human rights). At the organisational level, approaches that can be identified in the work of authors in this field are based on the organisational and occupational dimensions of police corruption or deviance (see a.o. Klockars et al., 2000). The first dimension concerns the question regarding how organisational rules governing police corruption are established, shared and understood. The next dimension concerns the mechanisms that police organisations employ to prevent and control corruption. Among the mechanisms are oversight, internal and external control mechanisms, managerial tools, (emphasis on) police accountability, as well as the introduction of risk assessments and ‘ethical leadership’11 . A third dimension to studying the occupational culture of policing is a well-known phenomenon that is often examined and known as ‘The Code’ or ‘The Blue Curtain’. Reporting corruption or misconduct of colleagues is forbidden or discouraged by the code. Ethical leadership, situated at the group level, can help to break ‘The Code’. A final dimension that is emphasised in contemporary police theory encompasses the influence of social, economic, and political environments in which police organisations operate. 11 Lasthuizen (2008) argues in her dissertations that ethical leadership styles minimise integrity violations in the organisation. Lasthuizen continues stating that this leadership primarily works in an indirect way through the ethical culture of the organisation and the moral views of staff about integrity.
  • 27. 27 Building Police Integrity by Hans Hovens Finally, the role of human rights has to be touched upon. Examining the body of literature on policing, police ethics and police integrity, a growing role and more prominent position of human rights can be ascertained (see a.o. Neyroud & Beckley, 2001; van Reenen, 2012). Neyroud and Beckley argue that the dualistic approach in which police organisations seem to have a choice between human rights and fighting crime is coming to an end and that one has to begin “to reconceive policing as the balancing mechanism between competing rights, rather than the problem” (Neyroud & Beckley, 2001: p. 11). Neyroud and Beckley consider human rights and police ethics as essential, even in covert and dangerous police operations (in which several police databases and risk-assessment tools are consulted, and a multi-agency approach seems necessary) (Neyroud & Beckley, 2011: pp. 124-144). Van Reenen (2012) goes further, and argues that the influence of human rights is not restricted to the aptness of a series of rules arising from international treaties, but also serve as design criteria for an entire police organisation. Whereas Neyroud and Beckley combine human rights and ethics with management concepts and quality thinking, Van Reenen points to the ‘human rights thinking’ of the Independent Commission on Policing for Northern Ireland (Patton Commission) (van Reenen, 2012; Patton, 1999). The Patton Commission made human rights the central starting point for the vision of the police, police work and the style of work (choice for community policing, demilitarisation and a strong emphasis on transparency). 2.2 The nexus of police integrity and police reform in post-conflict societies Besides the exhilaration of reaching a settlement in a recent conflict, post- conflict situations are characterised by still existing or increased levels of crime, violence, disorder and corruption (see a.o. Hills, 1999; Call, 2007; RUSI/ FPRI, 2009 Kemp, Shaw & Boutellis, 2013; Çelik & Çetin, 2013). Besides the fact that violence has to be stopped, (public) order has to be restored and maintained, crime has to be controlled, and corruption has to be curbed, in a way that it helps the police to (re)gain the public’s trust in the police. Police reform programmes that pay attention to police integrity can play a role in this respect. Ties between crime and corruption on the one hand, and state- building and peacebuilding processes on the other, lead to tensions in the
  • 28. 28 Building Police Integrity by Hans Hovens efforts to assist a post-conflict society in its process of state building. The contributions of Cockayne, Lupel and Philp in this debate are illustrative in this respect. Philp (2008) argues that “the nexus between corruption and peacebuilding is characterised by the tension between the short and long-term impacts of corruption. Some functionalists argue that certain forms of ‘illegal’ channelling of state funds may have positive consequences in the aftermath of conflict. In the short term some would argue that this could help bring about stability, by sustaining networks of patronage and ‘buying’ spoilers to participate in the peace process. Both the need and opportunity for corrupt practices can increase following conflict, arguably as the case of Burundi shows. Certain financial ‘rewards’ also have the potential to play an incentivising role in peace negotiations. However, the difficulty in embracing this rationale arises when one considers the longer-term implications of these kinds of practices. Is stability and peace sought after, at any cost?” Cockayne (2008 and 2009) points to the functional ties between ‘crime’ and the broader political, strategic, and economic processes at the heart of state- building and peacebuilding processes – and argues that criminal organisations can been seen as allies and/or as enemies during stability operations. Together with Lupel (2009), he states that “Contemporary non-state armed actors often coexist with, and even penetrate, states, splicing together transnational networks and traditional, local authority structures. They often constitute complex oligopolies (rather than monopolies) of violence. Yet we have given contemporary peace operations few analytical tools with which to understand them - and they often require peacekeepers to manage these adversaries with tools designed for managing interstate conflict or more ‘traditional’ civil wars.”
  • 29. 29 Building Police Integrity by Hans Hovens Post-conflict situations can also be characterised by the need to restore law and order. The legal system can by very fragile, as can be the public’s confidence in the rule of law. The restoration of the rule of law raises questions as what the nature of the law is or should be in the given (local) context. Since the first contacts between citizens and government mostly occur through encounters with the police, the trust in the police plays an important role in winning back confidence in the legal system. In this system, the nature of law, but also the restoration or reform of other ‘partners’ within it (e.g. judges, prosecution, lawyers, penal system), and the protection and promotion of police integrity can play an important role. Building police integrity can therefore never be considered in isolation, but should always be seen in the light of the restoration or reform of the rule of law and security sector reform. The subject of the conference was inextricably related to police reform and dealt with the democratic perspective of this reform. Together with, amongst others, Frank Harris (2005), and David Bayley (2006), it was argued that police reform has a dual character: on the one hand, it seeks to increase police effectiveness (aiming at crime reduction, maintaining public order, etc.) and providing (more) security, while on the other hand such reform seeks to make a police organisation more democratic and legitimate. Although there is still criticism on both perspectives of police reform, we believe that we have to search for a (delicate)t balance between the two different approaches. We share Bayley’s conviction that security need not be achieved at the expense of democratic reform of the police organisation. At the same time, we search for explanations why democratic police reforms have lacked success in various countries around the world. Towards the end of last century, at the end of a number of (military) regimes, the change from regime police forces into democratic police forces was one of the major goals appearing on most democracy development blueprints. Police integrity building, the subject chosen for the conference, is in a general sense interwoven with states or societies in transition.
  • 30. 30 Building Police Integrity by Hans Hovens Having stated this, it was necessary to focus the conference subject for more on civil crisis management. Recognising that this instrument encompasses both preventive deployment and post-conflict efforts, it has to be acknowledged that the predominant ‘mode’ of civil crisis management was (and still is) that of post-conflict. It was this context (expeditionary police [advisory] deployment in post-conflict situations) that the conference aimed to address. Whereas the existing literature on police integrity building is still growing, most contributions deal with defining integrity and focus their attention on the values, rules and behaviours involved. The same applies to the implementation or revitalisation of mechanism of internal control and external oversight and control, and pleas for a change management approach in order to achieve honest police organisations. So far, little or no literature can be found on questions related to the role of (the management of) expectations of citizens with regard to police conduct (especially in post-conflict societies); the possible effects of policing styles and strategies on police integrity; the (delicate) balance between the ambition to achieve stability and the endeavour to establish (or remain) an honest police organistion; an integrated, multi-agency approach to police integrity building; and finally, the translation of academic findings into practical tools. The conference provided an opportunity to deal with the subject from different angles, e.g. the (sociological) concept of police integrity; police integrity and human rights – an ethical perspective; police integrity and the management of citizens’ expectations in post-conflict societies (“systematic interaction with civil society: public relations capacity combined with a deliberate media strategy are key to refurbishing the image of a formerly brutal and corrupt police force”, as argued by Loh, 2010); police integrity and mechanisms of oversight and control; and building police integrity and training police leadership. Conference contributions were based on research and experiences in the respective countries and/or research outcomes and experiences gained from (police) missions.
  • 31. 31 Building Police Integrity by Hans Hovens 3 Building police integrity as seen in the different contributions The aim of the conference (and hence this book) was to collect and synthesize the relevant views (from different perspectives) of (international) scholars and practitioners on the theme of police integrity building. This synthesis was the starting point and gave guidance for further debate and reflection in the polices of the various participating countries. Besides that, it could form input for policy-making at EU level. The central question of the conference was: how can police reform contribute to sustainable enhancement of police integrity in local police surroundings? Related questions refer to the relationship between police capacity building and the improvement of police effectiveness on the one hand, and the democratisation of police on the other. What is the role of police leadership? How can the image of the former police force be refurbished? Are there blueprints for external and internal accountability mechanisms? How can the lack of success of democratic police reforms in various countries be explained? Realising the differences in the backgrounds of the various contributors, and realising that by the (deliberate) absence of a proposed and shared definition different meanings could be given to the notion of ‘police integrity’, the ‘harvest’ of the conference and this book resembles (at least to some degree) the reality of international assistance in police reform abroad. The first contribution is from Mr. Stefan Feller, the United Nations (UN) Police Advisor and Zoe Mentel, the Rule of Law and Security Institutions Officer of the UN Department of Peace Keeping Operations. Their commentary places the issue of police integrity into a global context, with particular focus on understanding police corruption as a peace spoiler, one that threatens the legitimacy of host-state authority. The contribution of Feller and Mentel puts various police accountability measures into a historical and global context, and it stresses the need to change organisational cultures through a community policing philosophy. Both small-scale changes and large system reforms are needed to signal, both symbolically and practically, that a police agency is
  • 32. 32 Building Police Integrity by Hans Hovens committed to rooting out corruption and abuse, Feller and Mentel argue. International police peacekeepers, deployed globally to post-conflict countries by the UN and other international organisations, can support recovering police and law enforcement institutions through mentoring, advice, training and technical assistance for police integrity initiatives. The next contribution is that of Simon de Saint Claire. His starting point is that the police, as a service being constantly in the public eye, are subject to closer scrutiny, comparison and critique by internal and external bodies than most. The role of police and the principles governing operational standards, ethics and integrity, vary from society to society, he continues. Saint Claire’s contribution explores - and questions- the relationship between the Rule of Law and human rights as the overriding governing principles of ethical policing within a pluralistic democratic society. After examining the role of police organisations in differing societies, the influence of the rule of law, standards guidance provided by the various human right instruments, and their projection into the community, existing and future challenges are identified. Saint Claire concludes that without an enabling and assertive organisational culture, integrity breaches by individuals, as well as institutions, will continue to exist. Nathan Briant and David Oram consider police integrity building from the concept of the ‘Social Contract Theory’. They start by stating that the notion of State formation is a long-debated issue with a number of theorists contributing ideas to the evolutionary process over many years. The idea of ‘State reformation’ however, following third party intervention is a relatively new idea, they continue. In their contribution, the authors revisit the notion of Social Contract Theory as a basis for State Reformation against the backdrop of the importance of police and State integrity in the implementation of the ‘Rule of Law’. In their chapter, Briant and Oram examine why liberal democracy is the vehicle of choice in interventionist State reformation and then go on to consider the origin of Social Contract Theory, as well as its modern day relevance in this arena. Through existing literature and new arguments advanced, they argue the importance of police integrity in the implementation
  • 33. 33 Building Police Integrity by Hans Hovens of the ‘Rule of Law’ and consequently the State reformation process as a whole. The question whether or not an international mission has to curb corruption is the central theme of the contribution of Michelle Schut and Jan van der Meulen. The chapter starts with the observation that Dutch troops in Afghanistan are confronted with situations in which the local population violates values and norms that Dutch military personnel themselves take for granted and/or deem essential. Schut and Van der Meulen continue by stating that, as a consequence, soldiers regularly have to decide whether or not to intervene and try to stop and change undesirable behaviour. Schut and Van der Meulen argue that this is not only a matter of operational feasibility, but also, and especially, of cultural and moral desirability. In Afghanistan, corruption is one such ingrained practice that brings with it difficult dilemmas for military personnel, they continue. In their contribution, the authors raise several questions: Should fighting corruption be a priority in peacekeeping and training missions? Or should military personnel, in order to achieve their primary mission targets, sometimes tolerate it? How do Dutch military personnel solve morally and culturally critical situations in this particular area? What is more: what about their Afghan counterparts? How do they view the cultural and moral dilemmas of the foreigners? Based on recent fieldwork in Kunduz, this chapter depicts and analyses answers and opinions from both sides. Although the perspective of Dutch and Afghan security personnel do differ on some (corrupt) activities, they agree on the importance of fighting corruption for Afghanistan’s future. The next contributions are based on field experiences of practitioners, and start with a contribution from Moutasem Abu Shattal from Jordan. His contribution is aimed at identifying the concept of police integrity within the Jordanian Police and Gendarmerie law enforcement agencies, and their relationship with human rights. Abu Shattal’s study sheds light on ethical standards, applied mechanisms, and the types of training to be followed in order to build up police integrity while performing their duties in Jordanian society and during participation in international peacekeeping forces based
  • 34. 34 Building Police Integrity by Hans Hovens among communities that have experienced or are still experiencing conflicts. And so a question arises: “How can the Jordanian Police and Gendarmerie law enforcement agencies contribute to a continued enhancement of police integrity, both locally and internationally?”. In the next contribution, Ovidiu Vasilica’s article takes the Romanian Gendarmerie as its subject, and starts by stating that police integrity is one of the sensitive subjects under continuing public scrutiny and criticism when weaknesses in integrity systems are exposed. To solve this problem, the police responds by defending adequacy of their integrity programs, carrying out inquiries into perceived or actual failings and violations and reviewing working methods. Vasilica outlines the Romanian Gendarmerie, in its transition between a militaristic police and a modern law enforcement agency, as an interesting example in how the integrity building process could be a normal area of proactive intervention. For this organisation, Vasilica continues, the successive and systematic reinforcement of integrity in order to prevent failures has been not only a practical necessity, but also a moral, ethical choice. The author argues that using the Romanian experiment in international missions to build or rebuild integrity in transitional countries is a normal challenge. Ludmilla Dadrass describes the efforts of the German Gesellschaft für Internationale Zusammenarbeit (GIZ) to introduce community-based policing practices to Afghanistan. She notes that the police force in Afghanistan has typically been perceived as hostile by the local population due to their history of three decades of civil strife. For the same reason, and due to their current role, they are viewed as a military force, Dadrass continues. This has impeded the empowering and putting in place of a civilian police force as a law enforcement institution that protects the rights of citizens and ensures their security in a post-conflict setting. Dadrass’ contribution explores Community-based Policing practices in the Afghan context, with a special focus on theories and practices that could prove effective for a more uniform approach to Community-based Policing in Afghanistan. In doing so, she closely examines the approach being
  • 35. 35 Building Police Integrity by Hans Hovens implemented by GIZ and analyses its effectiveness, thereby capturing the best practices and lessons learned, and outlining possible ways forward towards sustainable results. The next contribution comes from the Italian Renato Raggi. His contribution elaborates on the “Training of Jandarma Officers to European Human Rights Standards”, aimed at the implementation of the human rights training of Turkish Gendarmerie officers and the application of these fundamental rights in police activities. In his contribution, Raggi underlines that the training was executed by the Carabinieri and the Guardia Civil, together with, amongst others, the Italian Department for Equal Opportunities. In the next chapter, Małgorzata Andrzejczak-Świątek describes crimes motivated by intolerance towards certain (members of) groups in society, not always well-known as a concept, but occurring, to a greater or lesser extent, in all countries (see a.o. OSCE/ODIHR, 2009; Probert, 2014): hate crimes. These crimes, based on prejudice against individuals or small groups on the basis of religion, race, ethnicity, or gender, only distinguish themselves from other crimes by the motive (s) of the perpetrator(s), she argues. Linking this special category of crimes to the role of police, Andrzejczak-Świątek points to the combination of ethical values, empathy, and an understanding of the community helping police officer to determine whether a crime can be qualified as a hate crime. Her contribution deals with future legislation with respect to hate crime and the training of police officers to prevent and investigate that type of crime. In the next chapter, Branko Lobnikar, Robert Šumi, and Gorazd Meško present the findings of studies on police integrity in the Slovenian police force and note that these results have an impact on organisational changes within the police. During the last decade, at least two large-scale surveys on police integrity were conducted in Slovenia. The first provides an in- depth exploration of police integrity among Slovenian police officers and analyses police integrity from the organisational point of view. The second survey analyses integrity as a fundamental characteristic of successful
  • 36. 36 Building Police Integrity by Hans Hovens leadership. The instrument ‘Perceived Leader Integrity Scale’ was used for measuring management integrity. The results of the study revealed that the best predictors for the perception of integrity were work experience, leadership experience and the education level of managers. Cooperation between academia and the police has strengthened the need for a more institutionalized forms of regulation of matters of ethics and integrity within the police organisation; therefore, the Integrity and Ethics Committee in the Police was established in 2013. The Committee is a consultative body of the Director General of the Police and consists of experts employed within the Slovenian police force. The work of the Committee is supported by the newly established Research and Social Skills Centre at the Police Academy, which also serves as a police organisational meeting point for further cooperation between the police and the academic field. In the following chapter, Andre Konze shows a design for the evaluation of police training. He focuses on the subject of the police and human rights training that has been performed under the responsibility of the Council of Europe since 1997. Konze argues that, although the training activities were very well accepted, the reliability and practability of the evaluating methods were sometimes questioned. Based on the existing literature, he offers a quantitative quasi-experimental study design. The study Konze intends to perform will focus on law enforcement officials of (a) certain member state(s) of the Council of Europe in transition. The next three chapters deal with the importance of ensuring stability and question of how the low success rate of democratic police reforms in various countries can be explained. The first contribution is that of Piet van Reenen. He takes five in-depth studies carried out by the University of Utrecht on police reform in Latin American countries as a starting point. His contribution tries to find an explanation for the lack of success of police reform in these countries. Analysing the five ‘Utrecht Studies’ and comparing the outcomes with other studies on Latin American police reform, themes such as ‘de- militarisation’, ‘community policing’, the influence of organisational culture on organisational change, the emphasis on the role of professionalism within the
  • 37. 37 Building Police Integrity by Hans Hovens police, as well as the role of training and social movements are all discussed. Van Reenen’s contribution points the finger at perhaps too ambitious plans, as well as political resistance and institutional barriers regarding police reform. In the next chapter, Mark Waine examines the importance of ensuring stability and security as a primary consideration for the international community in post-conflict environments. His contribution shows how any capacity-building objectives will fail to be met if the basic priority of providing a relatively safe and stable environment in which to operate is not addressed. After comparing corruption in law enforcement in post-conflict Bosnia, modern day Kenya, and the situation in Somalia, the article discusses why it is important to consider corruption within police and law enforcement agencies from the outset of international operations in such environments. It examines the threat to operations arising from ignoring corruption within policing agencies at the same time as seeking to build operational capability by looking at how the benefits of international capacity-building can be undermined by allowing corruption, with its links to organised crime, to take root. In the next chapter, Alice Hills argues that the link between effective policing and democratic reform is unproven. As Hills continues, this is even so for expeditionary policing assisting local police forces to fulfil a population’s requirements; this can offer opportunities for limited but sustainable reform. Rather than discussing these issues in the light of Western operations and values, this chapter explores the balance between effectiveness and integrity in a southern post-conflict environment; in this case, Mogadishu. It uses the relationship between the African Union’s formed police units and Mogadishu’s Somali Police Force to consider the minimal conditions under which integrity measures can be introduced, and, critically, how policing can be made to work for the benefit of both local police and local people.
  • 38. 38 Building Police Integrity by Hans Hovens In the final chapter, Piet van Reenen and I reflect on the contributions in this book, and look ahead to the future. After identifying a number of key issues from the contributions and the discussions, explanations for the success and failure of police reform and building police integrity are suggested. Referring to notions as ‘post-conflict’, ‘social order’, ‘the rule of law’, and ‘police integrity’, as well as to the sometimes unrealistic approaches in police reform, the constructionist approaches that can be characterised by their attempts to reduce uncertainty and a strong normative nature (mostly based on Western values), and differences in the culture and opinions of the actors involved, observations regarding academic research and the field of policies and strategies are made. 4 Finally Present-day police operations are characterised by (among other things) cooperation within a multicultural context. It is noted that this multicultural character is not only based on the presence of components of different nationalities, but also different security or Rule of Law actors. Operating abroad in a setting where the local culture should be the dominant culture, there is a growing awareness of the importance of cultural differences (and their consequences for actual behaviour). As integrity contributes to the public confidence in the police - and thus in the legitimacy of police and government - to a great extent, differences in the explanation of the notion of ‘police integrity’ should be bridged and lessons must be drawn from past experiences. This book brings together the views of international scholars and practitioners on the theme of police integrity building. Their views are based on research and/or extensive experience in expeditionary police or Rule of Law missions. Their contributions make it possible to look into the challenges one meets when building police integrity in post-conflict societies from a rather safe distance. Moreover, the next chapters can give food for thought for future research and future (international) policies and strategies.
  • 39. 39 Building Police Integrity by Hans Hovens References Alemika, E. E. (2003). Police, Policing and Rule of Law in Transitional Countries. In: E.E. Alemika, P. De Mesquita Neo, L. Lindholt & D.Titus (eds.), Human Rights and the Police in Transitional Countries (pp. 63-05). The Hague: Kluwer Law International. Amnesty International [AI] (2013) Police Reform in Kenya: “A Drop in the Ocean” [AFR 32/001/2013]. London: Amnesty International Publications. Amnesty International [AI] (2014). Out of control: Torture and other ill-treatment in Mexico. Report AI from September 2014, nr AMR 41/020/2014. Bandura, A., C. Barbaranelli, G. V. Caprara, & C. Pastorelli (1996). Mechanisms of moral disengagement in the exercise of moral agency. Journal of Personality and Social Psychology, 71: 364-374. Bandura, A. (1999). Moral disengagement in the perpetration of Inhumanities. Personality and Social Psychology Review, August 1999 3: 193-209. Bayley, D. (2006), Changing the Guard: Developing Democratic Police Abroad, New York, Oxford University Press. Bayley, D. H. & Perito, R. M. (2010). The Police in War; Fighting Insurgency, Terrorism, and Violent Crime. Boulder, CO: Lynne Rienner. Bayley, D. & Perito, R.M. (2011). Police Corruption: What Past Scandals Teach about Current Challenges. Special Report 294. Washington DC: United States Institute of Peace. Beckley, A. & Neyroud, P. (2001). Policing, Ethics and Human Rights [Policing and Society Series]. Devon: Willan Publishing, Devon. Boucher, A. J &. Holt V. K. (2009) Targeting Spoilers: The Role of United Nations Panels of Experts. Stimson Center Report No. 64 . Washington, DC: The Henry L. Stimson Center. Boutellis, A., Kemp, W. & Shaw, M. (2013, June). The Elephant in the Room: How Can Peace Operations Deal with Organized Crime [Crime series]. New York, International Peace Institute. Brouwer, H. (2014). Een beetje niet-integer bestaat dat ook? Retrieved from //www. binnenlandsbestuur.nl/niet-integer Call, C. (Ed.) (2007). Constructing Justice and Security after War. Washington, DC: United States Institute for Peace.
  • 40. 40 Building Police Integrity by Hans Hovens Çelik, A. , Çetin, H. C. (2013). Success and Failure of International Police Missions Operating in Post Conflict Context: Cases of Somalia, Sierra Leone, Kosovo and Iraq. In: International Journal of Security and Terrorism. 2013, 4 (2): 96-115. Cockayne, J. & Pfister, D. (2008). Peace Operations and Organised Crime. Geneva paper 2. Geneva Centre for Security Policy/ International Peace Institute. Retrieved from http://kms1.isn.ethz.ch/serviceengine/Files/ISN/57279/ ipublicationdocument_singledocument/63190a2f-8b57-4b77-9eec-e675093b66fa/ en/geneva_paper_2.pdf Cockayne, J. & Lupel, A. (2009). Introduction: Rethinking the Relationship Between Peace Operations and Organized Crime, International Peacekeeping, 16(1), 4-19 Cockayne, J. & Lupel, A. (2009). Conclusion: From Iron Fist to Invisible Hand - Peace Operations, Organized Crime and Intelligent International Law Enforcement, International Peacekeeping,16(1), 151-168. Cohen, J., Boardman, M, Pyman, M., Webster, B. & Seymour, N. (2012). Arresting Corruption in the Police: The global experience of police corruption reform efforts. London: Transparency International UK. De Boer, J.A. (2014). Morele moed - doe het goede en doe het goed: Over de taakopvatting en de gezagserkenning van de burgemeester bij integriteitsbevordering. (Masterthesis, TiasNimbas Tilburg, The Netherlands). Retrieved from https://www.vng.nl/files/vng/20140612-thesis-integriteit.pdf. Denkers, F.A.C.M., Elzenga, W. & Van Beers, P. (2001). Frans Denkers’ Moreel kompas van de politie. Volumes 1-2001 from Politia Nova. Ministerie van Binnenlandse Zaken en Koninkrijksrelaties, Directie Politie. Downie, R. (2013). Building Police Institutions in Fragile States.; Case studies from Africa. Washington, DC: Center for Strategic and International Studies. Goldstein, H. (1975). Police Corruption: A Perspective on its Nature and Control. Washington, DC: Police Foundation. Haberfeld, M. R, Harver, W. E., Klockars, C. B. &.Kutnjak Ivkovich, S. (2000, May). The Measurement of Police Integrity. National Institute of Justic Research in Brief. [NCJ 181465]. Washington DC: National Institute of Justice. Haberfeld, M.R., Klockars, C.B. &,Kutnjak Ivkovich, S.(2004). The Contours of Police Integrity, In: C.B. Klockars, S.K. Ivkovich & M.R. Haberfeld.(eds.), The Contours of Police Integrity (pp. 1-18). Thousand Oaks, CA: Sage.
  • 41. 41 Building Police Integrity by Hans Hovens Haberfeld, M.R., Klockars, C.B. & Kutnjak Ivkovich, S. (2005). Enhancing Police Integrity. New York: Springer Academic. Harris, F. (2005). OSCE Mission in Kosovo Report, The Role of Capacity Building in Police Reform, 2005, p. 9. Retrieved from <http://polis.osce.org/ library/f/2643/527/OSCE-SRB-RPT-2643-EN-The%20Role%20of%20Capacity- Building%20in%20Police%20Reform.pdf>, accessed 5 April 2011. Hills, A. (1999, november/december). Criminality and Policing in Stability and Support Operations. Military Review , 79(6): 18-22. Holmqvist, C. (2005). Engaging Armed Non-State Actors in Post-Conflict Settings’. In A. Bryden & H. Hänggi, Security Governance in Post-Conflict Peacebuilding, DCAF Yearbook 3, 2005. Retrieved from http://www.dcaf.ch/publications/kms/details. cfm?lng=en&id=18889&nav1=4> accessed 2 May 2013. Huberts, L. (2010). Grand, Elite and Street-Level Ethics and Integrity in the Security Sector: A Theoretical Framework. In M. den Boer & E. Kolthoff (eds.), Ethics and Security (pp. 189-206). The Hague: Eleven International Huberts, L.W.J.C. (2012).Visies op integriteit. In: H. Van den Heuvel, & Muller (red), Integriteit en integriteitsbeleid in Nederland (pp. 21-38). Deventer: Kluwer. Human Rights Watch. (2006, October 30). Still Making Their Own Rules: Ongoing Impunity for Police Beatings, Rape, and Torture in Papua New Guinea. Report HRW. Human Rights Watch. (2009, August 4). Broken System: Dysfunction, Abuse, and Impunity in the Indian Police. [Report]. Human Rights Watch. (2014, Januari 29). “They Said We Deserved This”: Police Violence Against Gay and Bisexual Men in Kyrgyzstan. Report HRW. Human Rights Watch. (2014, April 2). “No Answers, No Apology”: Police Abuses and Accountability in Malaysia. [Report HRW]. Independent Commission on Policing for Northern Ireland (1999, september 9). A new beginning. The Report of the Independent Commission on Policing for Northern Ireland [Patten Report]. Belfast: Independent Commission on Policing in Northern Ireland. Kalshoven, F. & Zegveld, L., (2001). Constraints on the Waging of War: An Introduction to International Humanitarian Law (3rd ed.). Cambridge University Press Kleinig, J. (1996). The ethics of policing [Cambridge Studies in Philosophy and Public Policy]. New York: Cambridge University Press.
  • 42. 42 Building Police Integrity by Hans Hovens Lasthuizen, K. (2008). Leading to Integrity. Empirical Research into the Effects of Leadership on Ethics and Integrity. Enschede: Printpartners Ipskamp. Loh, J. (2010, November), Success factors for police reform in postconflict situations (Master Thesis), [Working Papers, No. 57], Hertie School of Governance. Loyens K., De Schrijver A. (2012). Regels bij de politie: volgen, buigen of breken. In: E. Devroe, A. De Schrijver, E. Kolthoff, K. Lasthuizen & P. Van Parys (eds.), Integriteit en deontologie (pp. 91-110).[Cahiers Politiestudies 2012-3, nr 24.] Antwerpen: Maklu. Newburn, T. (1999) Understanding and Preventing Police Corruption: Lessons From the Literature, Police Research Series, Paper 110. London: Home Office, Policing and Reducing Crime Unit, Research, Development and Statistics Directorate. O’Connor, T.R. (2005, November 11). Police Deviance and Ethics. In part of web cited, MegaLinks in Criminal Justice. Retrieved February 19, 2013, from http://www. drtomoconnor.com/1030/1030lect05.htm Organisation for Security and Co-operation in Europe.(2014, September 29) Hate Crimes Law: A Practical Guide. [Part of the Collection: Guides Related to Hate Crimes). Warsaw: Author. Paine, L. S. (1994). Managing for Organizational Integrity. Harvard Business Review 72: 106–117. Philp, Mark (2008, June). Peacebuilding and Corruption. International Peacekeeping, 15(3): 310–327. Probert, Thomas (2014). Unlawful Killings in Africa a study prepared for the UN Special Rapporteur on extrajudicial, summary or arbitrary executions. Centre of Governance and Human Rights, University of Cambridge. Punch, M. (2003). Rotten Orchards: “Pestilence”, Police Misconduct and System Failure. Policing and Society, 13(2), 171–196. Punch, M. (2009). Police Corruption: Deviance, accountability and reform in policing. Cullompton: Willan. Royal United Services Institute, US Foreign Policy Research Institute (2009). Reforming the Afghan National Police. London. United Kingdom [UK], Home Secretary (2014, July 22). Home Secretary on police reform Oral statement to Parliament. Retrieved from https://www.gov.uk/ government/speeches/home-secretary-on-police-reform.
  • 43. 43 Building Police Integrity by Hans Hovens Van Baarda, Th. A. (2006). Ethics, Command Responsibility and Dilemmas in Military Operations. In: Th. A. Van Baarda & Verweij (eds), Military Ethics: The Dutch Approach: a Practical Guide (pp .45-90). Leiden: Brill. Van Reenen, P. (1997). Integrity and Police Loyalty: Stalker Dilemma. Policing and Society, 8(1), 1-45. Van Reenen, P. & Kaptein, S.P. (1998). Ethiek en praktijk van politiewerk: wat weten we ervan? In: P. Van Reenen, P. (Ed.), De Geest van Blauw (pp. 39-63), [Politiestudies, No.23]. Deventer: Gouda Quint. Van Reenen, P. (2012). Integriteit, mensenrechten en politie. In: H. Van den Heuvel & Muller (red), Integriteit en integriteitsbeleid in Nederland (pp. 127-146). Deventer: Kluwer Nederland. Van Baarda, Th. A. & Verweij, D.E.M. (2006). Military Ethics: Its Nature and Pedagogy. In: Th. A. Van Baarda & Verweij (eds), Military Ethics: The Dutch Approach: a Practical Guide. Leiden: Brill.
  • 44. 44 POLICE INTEGRITY BUILDING: A POST-CONFLICT PERSPECTIVE FIRST PART
  • 45. 45 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel Reflections on police integrity from an international peacekeeping context Key-note Speech at the Opening of the Conference By Stefan Feller Police Adviser And Zoe Mentel Rule of Law and Security Institutions Officer United Nations Department of Peacekeeping Operations 1 Introduction On an affective level, the word “police” evokes widely disparate responses from individual citizens. On the one hand, those of us who enjoy the protection of a well-disciplined, professionalised service organisation, which respects the principles of democratic policing and human rights, live in a reality where policemen and women are understood as public servants, accountable to the public. Under this schema, individuals are able to associate the image of the uniformed police officer with a provider of security and order, a crime-fighter who puts the safety and security of others in front and centre. Conversely, those who are subject to discriminatory, arbitrary and corrupt police practices likely associate the police with the abuse of authority and poor governance, either of an ineffectual or authoritarian flavour. Transparency International’s “Global Corruption Barometer 2013” found that, in the 36 countries where “the police are seen as the most corrupt institution, […] an average of 53 per cent of people report having paid a bribe to the police” (Transparancy International, 2013: p. 17).
  • 46. 46 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel As the police officer is often the most visible, daily representative of state authority within a community, erosion of trust in the police is inextricably linked to an erosion of trust in the government and the rule of law overall. These two polar images of the law enforcement profession establish serious challenges for any who attempt to modernise a police organisation through change management. This is even truer in a peacekeeping environment. The public’s understanding of police varies from country to country, from city to city. Even within cities, the legitimacy of local police may fluctuate drastically from neighbourhood to neighbourhood, especially when questions of police bias against minority communities come into play. In its ideal form, however, policing is society’s safeguard for protecting the most vulnerable, rather than the most powerful, among us. The best police officers are the ones who demonstrate the spirit of service, instead the desire to exercise power. A government that holds its police accountable to its citizens, adhering to transparency of law enforcement action, has a much stronger chance to be considered a legitimate stakeholder of citizen’s interests. 2 Police transparency and the development of modern policing When Sir Robert Peel first developed modern policing in early 19th century London, he instituted a number of principles and mechanisms that we still operate under today. One of these seems so simple, that we often forget how radical it was at the time. Every police officer in the new Metropolitan Police Force in 1829 was given an identification number. Upon induction into the force, each officer under Sir Peel received this number, so that he (and at the time, of course, all police were “he’s”) could be held accountable for his actions. Today, the ability to identify an individual law enforcement official remains a common practice. Police officers from countries all over the world have their unique identification numbers or nametags displayed physically on their uniforms, embroidered on epaulettes or collars and imprinted on official badges and ID cards.
  • 47. 47 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel Most recently, a modern variation of this practice can be seen in parts of Granada, Spain, where some police are wearing their Twitter handle on patches on their right shoulders.12 Community-oriented policing relies on accountability, transparency and open communication and cooperation with the public. And of course, in the post-conflict and crisis-affected states in which the United Nations Police work, building these key elements of policing require much more than badge numbers and twitter handles. Nevertheless, the general principles remain the same. Police integrity, police accountability, police legitimacy and police effectiveness are built both on the macro-level by large, systemic reforms and on the micro-level by the individual actions, behaviours and attitudes of the women and men who walk the beat, investigate crimes and respond to calls for service. No discussion of modern policing would be complete without referencing the intrinsic connection between policing and the rule of law. The rule of law is a principle that situates the relationship between citizens and authorities within a legal framework, rather than upon the arbitrary execution of power. It ensures that any government action is based on law and legality. As the late British judge Tom Bingham described it, “All persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts” (Bingham, 2010). For the reasons stated above, policing refers to a function of governance responsible for the prevention, detection and investigation of crime; protection of persons and property; and the maintenance of public order and safety. Police and law enforcement officials (including police, gendarmerie, customs, immigration and border services, as well as related oversight bodies 12 Macmillan, G. (2013, 24 June). Pretty amazing approach to Twitter in Granada. All police officers have their Twitter handle on their uniform pic.twitter.com/ZHbJ0Y2oKa [Twitter post]. Retrieved from https://twitter.com/gordonmacmillan/status/349105381135511552/photo/1
  • 48. 48 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel such as interior and justice ministries) have the obligation to respect and protect human rights, including the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights and other relevant instruments. Pursuant to the UN Code of Conduct for Law Enforcement Officials, police and other law enforcement officials are required, at all times, to fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession.13 For the United Nations, the function of domestic policing must be entrusted to civil servants who are members of police or other law enforcement agencies of a national, regional or local government, within a legal framework that is based on the rule of law.14 3 Police integrity and organisational culture Policing, as we commonly understand it, only works if the community accepts as legitimate those who are entrusted to enforce the law. But in places recovering from conflict, those who committed atrocities – including, unfortunately, the acts of sexual and gender-based violence that frequently characterize contemporary intrastate warfare – were often those who also wore a uniform. How do we build police legitimacy, therefore, in a state where the police may be fundamentally mistrusted? Clearly, we need to help host-states undertake long-term, system-wide reforms, including proper training, the vetting of 13 UN General Assembly, 34th session, Resolution 34/169 (1979) [Code of Conduct for Law Enforcement Officials], Article 1. 14 According to the “Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies” (S/2004/616), “the rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”
  • 49. 49 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel officers, accountability measures to root out corruption and abuse, internal affairs units, citizen oversight mechanisms, merit-based promotion systems, professional standards, and strong commitment from top brass for all of the above. Experience demonstrates that without a deeply rooted commitment by the state and the society it governs, fundamental and sustainable transformation of policing into the above is nearly impossible. At the same time, the entire internal police culture must change. Ethical police organisations are ones that police themselves, ones in which peers and colleagues hold each other accountable in terms of integrity and ethics. These organisations are fundamentally open to scrutiny and dialogue with civil society. Criminologists have come to understand how informal social control can be more powerful than formal, institutional controls in curbing criminality within a community. The same argument can be extended to building integrity within police organisations. In addition to formal mechanisms listed above, we must also change the norms of accepted behaviour – and leverage the power of peer influence within police cultures to root out bad police practices. Fostering ethics and integrity from within a police organisation is, notoriously, no easy task. It often requires making tough calls and unpopular decisions. In 1994, for example, a new police chief took over one of the most famous police organisations in the world, the New York Police Department (NYPD). Its image at the time was badly damaged. Corruption was, in certain stationhouses, endemic. The worst, some argued, was the 30th precinct in Harlem, which was scandal-ridden and accused of a wide litany of abuses, from officers stealing drug money to physically assaulting suspects. In the middle of the night, the NYPD’s chief, backed by the District Attorney, gathered local news media and raided the so-called “Dirty 30.” In front of news cameras, he began publically confiscating the badges of corrupt officers and throwing them into the garbage can. “I am retiring their badges,” he said to the press, “so that no cop will have to wear a disgraced number again (Levitt, 2009: p. 84). In the end, almost three dozen officers were arrested and prosecuted.
  • 50. 50 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel Many police observers have understood this highly symbolic action as a turning point for the NYPD. Organisational culture began to change once it became clear that neither police leadership nor the public would continue to tolerate corruption and criminal behaviour. But the job that we face in an expeditionary police setting is, unfortunately, often much more complex and fraught with difficulties. Former United Nations Police Adviser, Mr. Mark Kroeker, has on occasion told a story about rebuilding the police in Liberia, immediately after that country emerged from its brutal civil war. He wanted to engage a Liberian National Police officer in a conversation about how to prevent corruption in the LNP. Instead of talking about reform measures and capacity building, however, this officer turned to then-Commissioner Kroeker and said, with simple candour, “I cannot feed my family on integrity alone.” Doubtless many police who have served with international police missions would be able to recount similar anecdotes from all over the world, from countries torn by or emerging from conflict. 4 The global effects of both large- and small-scale police corruption This is how corruption persists. It’s not a simple question of good vs. evil. Questions of ethics rarely are. However, this binary “logic,” often associated with quick and easy value judgments of public services in less developed countries, can lead us to simple assessments: bad police institutions become no more than a collection of backwards, bad people. Moreover, reforming the police must be done in tandem with reform in overall governance, as corruption in the former is largely symptomatic of corruption in the latter. Corruption persists not only because of greed and criminal intent on the part of individual police officers. It persists also because “shortcomings of state capacity” – including, systemic failures in the rule of law, as well as the failure to meet the material needs of both the police and the citizens that they are supposed to protect (Goldsmith, 2003: p. 10).
  • 51. 51 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel Serious and fundamental deficiencies in the most basic policing infrastructure leave “even well-intentioned and dedicated officers” without the tools to “do their job properly” (Goldsmith, 2003: p. 10). How do we build the political will required to adequately resource a professional police service? Often this boils down to influencing governments to find a way to pay the wages of their police officers, sufficiently and regularly. It also means recruiting the right people and, then, training and equipping them properly. However, anyone who has spent even a short period of time with police in a less developed country will attest to the lack of the most basic infrastructure, which modern police services take for granted. Besides body armour and safety equipment, serviceable police stations, dedicated police vehicles and humane detention facilities, host- states colleagues often lack typewriters, paper and pens – not to mention the literacy that must accompany their use. But beyond providing resources for such seemingly unending needs, fighting police corruption also means instilling, in the hearts of every line officer, the fact that each citizen interaction represents a choice – the choice to uphold the principles of democratic policing or the choice to undercut them. While police infrastructure and capacity may be built brick by physical brick, police integrity is built during each and every traffic stop. This is critically important because police integrity lies at the heart of whether we, the international community, succeed or fail. Perito and Bayley argue that “Eliminating police corruption is required for any country that has establishing the rule of law as a national objective. Ignoring this imperative means that international efforts at nation building proceed at their own peril” (Bayley & Perito, 2011: p. 2). Taking this line of thought even one step further, one could argue that police corruption threatens not only nation building within a government’s borders, but also regional stability as a whole.
  • 52. 52 Reflections on police integrity from an international peacekeeping context by Stefan Feller and Zoe Mentel Large-scale police failures support global instability through known linkages between traffickers of illicit goods, armed groups, and corrupt political actors. This is made clear by the ability of transnational organised criminals to create serious threats to the international community’s efforts, including peacekeeping, to assist fragile and recovering states. Specifically, illicit networks have demonstrated a resilient ability to undermine to government legitimacy and authority, as we have seen firsthand in a number of contexts. For decades, well-resourced and powerful drug trafficking syndicates have exploited weak governance, porous borders, and limited law enforcement capacity in Central America. More recently, they have also contributed significantly to the entrenched dysfunction troubling a number of host-states, ranging from Guinea-Bissau to Afghanistan, where the weakness of state institutions both creates and is created by the proliferation of drug trafficking. However, as much as large-scale police corruption, such as complicity with international criminal organisations, supports global instability, it would be dangerous to overlook how “small-scale” or “routine” police corruption can, both individually and in the aggregate, influence world-historical events. In a world that is increasingly interconnected, the actions of a small number of patrol-level police officers can move from local to global in the blink of an eye.15 While the geopolitical causes of the Arab Spring are deeply contested and its long-term effects still unclear, one founding narrative has remained constant. The symbolic event most often cited as the immediate spark for this unprecedented regional upheaval has coalesced upon the actions of a single fruit vendor. Both traditional and social media have mythologized a young Tunisian named Mohammed Bouazizi. In 2011, his spontaneous self- immolation on the streets of Sidi Bouzid, a town of 40,000 residents some 15 Social media, furthermore, has rapidly increased the visibility and scrutiny of questionable actions by individual police officers. For example, the contested, fatal shooting of an unarmed, 22-year old named Oscar Grant III by a transit police officer in Oakland, California, was caught on film by multiple mobile phone video cameras. YouTube footage of the shooting has received millions of views and fueled both protests and rioting.