Finding the Dirty Cop: When you Neighbour is your Enemy Bryane Michael, Linacre College (Oxford) The material in this presentation is licensed by the author under a Creative Commons licence. Feel free to use as much of this material as you like for teaching or for critique. Graphics used in the presentation may be protected by proprietary copyright (which I use under “fair use”). I do not indemnify the user of these slides in case the holders of these proprietary copyrights capitalistically assert their property rights.

Untying the Bosnian Knot Usual approach  extradition (not allowed)  dual criminality (if allowed)  retrial – “universal jurisdiction” á la US/UK  Bosnian standing for crime in Croatian territory?  Alvarez-Machain/ Eichmann style justice is uncool Sometimes its not business as usual... “Simic comes from Bosnian and, like many Bosnian Croats, has Croatian and Bosnian passports. The Bosnian constitution does not allow extradition of its citizens for trials abroad.” “...he said that he had crossed the Croatian border without any problems and that the police could have stopped him if they had wanted to.” Catch me if you can

Thermidor 212 under-valuation and false origin certificates case leads to corruption arrest in Slavistan request for police assistance ignored requests and visit lack of inspection on Carpatistan side initial investigation leads to suspicion of collusion in inspecting officer and criminal group in Carpatistan case set-up Internal Affairs setting up in Carpatistan. Unlikely to do much investigation but probably with evidence in X-mas packing, would bring to Carpatistan prosecutor strategy Prong 2: Collect evidence in Slavistan which may be used to at least lead to administrative sanctions in Carpatistan Prong 1: Joint investigation teams collect evidence on suspect and “sniff around” for corrupt counterpart

Corruption in the Police and Internal Security Police are often (some of) the most corrupt Many forces have responded by creating Internal Affairs (also known as Internal Security, or Police Inspectorate) Quis custodiet ipsos custodes? – other custodes!

Two Sides of Intl Polis Co-operation for BiH Nice Side Sharp Side Police working together to find corruption suspect Police in Slavistan helping to root out corrupt police in Carpatistan COE CRIM LAW CON Article 17 (jurisdiction) – allows both trips abroad and investigation of hindrance Art. 26 (co-operation in info) – “widest measure of mutual assistance” Art 27 (extradition) – sovereign immunity and foreign sovereign immunity no longer an issue Relies on CoE Civil LC and Crim LC and not really UN CAC (GRECO and CoHR better than Conference of State Parties) POSSIBLE REMEDIES - Police in Slavistan give council and evidence to local business for ECHR or WTO Civil Suit - work with Intl Security in Carpatistan - claim jurisdiction and request extradition

International Police Co-operation: Analyst’s Notebook i2 allows police to share  case history  evidence identifiers Working together  send file to Carpatistan, investigator adds bits, and sends back to Slavistan  “link” files together using a data point as “pivot”

Unco-operating Police (and other law enforcement) should “dis-cooperate”  protection of witness IDs  protecting personal information  state secrets (especially with new anti-terror)  expensive and dependence instead of learning personal’s real name and witness UIN (Turkey example)

Police Intelligence vs Statistics Intelligence approach  needs informants  labour intensive  boring, low-valued work Statistical approach  “guess” about “criminal world”  few people needed  high-valued work Both approaches used together Statistics small, but vital part of risk management

Statistical Methods in Brief 1. Finds significant differences are there differences in legal infractions based on 1.border crosser passport type? 2. officer performance? 2. Test relationships between variables is there a positive, negative, or no relation between 2 or more variables? 3  out means 99.9% likely took bribe price is 2s outside of other traders – possible border infraction

Modelling Corruption Proper place for opinions about law enforcement Modeling hypothesis about level of search of nationals versus non-nationals as prophylactic against crime Testing ACA hypotheses also fulfils Lisbon Agenda/RIA €5000 €3000 reduction in social harm

Statistics at EU Level Data envelope analysis as international audit (protect Community interests) Comparing survey data and “epidemiological” data Statistics cheap and good way find repeated international schemes. EU funding packages searched 6% complain Slavistan corruption 35% complain Carpatistan corruption An ounce of risk management is worth a pound of “prevention”

And what about Thermidor 212? No happy ending...  leak in police led to numerous attempts to investigate having bad consequences for investigators 3 rd countries can only do so much without recognised indictment in Carpatistan... Back to the 1980s – 1990s realm of MFA jurisdiction... and collecting evidence for international case outside Carpatistan  Slav SIS in Carp = spying and violation of national sovereignty  same problem with feeding information to press Solve Simic and help solve corruption