HUMAN RIGHTS & POLICE ETHICS IN POLICE TRAINING The 4th INTERPA Conference May 2015 Abudhabi Dr. Mustafa YAYLA Turkish National Police Academy ANKARA TURKEY

CONTENTS The scope will be within the context of: Human rights violations & law enforcement officials Human rights violations caused by other public officials Duties of the Police, human rights & police ethics Decisions of the European Court of Human Rights The European Code of Police Ethics (2001) Key issues Training of the Police for human rights & ethics Conclusion & suggestions

OBJECTIVES In this paper the significance of training police personnel for Human Rights & Police Ethics will be re-examined in the context of democratic society Refering to the decisions of the European Court of Human Rights (ECtHR), to which Turkey is a party Also to the European Code of Police Ethics (2001) recommended by the Committe of Ministers to member states by the EU

OBJECTIVES Reason for re-examining the issue is:  Human rights issues need to be a starting point for developing training events for the Police in formal educational settings  The need for constant training of human rights and ethical values for the Police  To attempt a contribution to better understanding of teaching and implementing of human rights & ethical values for the police and the public

HUMAN RIGHTS VIOLATIONS & LAW ENFORCEMENT OFFICIALS The most common human rights violations discussed and argued Taken to the courts today even in most democratic societieties are claimed to be Caused by the law enforcement officials when performaning their duties.

HUMAN RIGHTS VIOLATIONS CAUSED BY OTHERS Human rights violations do not occur only by the Police activities Also take place through other public institutions and agents Therefore proper and constant human rights & ethics education needed in Police training

DUTIES OF THE POLICE, HUMAN RIGHTS & POLICE ETHICS We are living at the age of human rights Fundamental freedoms & human rights mostly in constitution of countries Law enforcement officials, the police, in civil societies are responsible to provide:  Efficient public order, tranqulity and security  In accordance with order of law, which is accepted as the basis of a democratic society at this global age.

DECISONS OF THE EUROPEAN COURT OF HUMAN RIGHTS (ECtHR) References would be to the ECtHR decisions which overtake Turkish law Cases have been taken to the ECtHR over decades The court has found a public official’s use of force excessive and in violation of human rights Where use of force was legitimate & applied on the principles of necessity & proportionality then The court do not consider as violations of human rights

KEY ISSUES TO BE CONSIDERED Human rights often seen as an obstacle to Rather than as foundation of the Police work To overcome such reception there has been A need for constant training of the police personnel for human rights & police ethics It should be clarified that:  Role & objectives of the police work and  Role of the Police as an institution that respects & protect human rights Conducts of the Police during performing their duties Police misconduct cases taken to the ECtHR

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS Brussels Declaration on Criminal Justice System 2006 agreed that ‘Law Enforcement Officials should respect and protect human dignity, which is the basis of human rights declarations Therefore maintain and uphold the human rights of all people’ Law enforcement officers plays central and significant role in human rights protection

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS Human rights issues today are the key components of both police training and their professional development Therefore human rights education & police ethics make possible  To transfer skills, knowledge and attitudes about human rights and police ethics  Make them appropriate and applicable in the daily work of law enforcement officers

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS The police organisation shall contain efficient measures:  To ensure the integrity and proper performance of police staff,  To guarantee, in particular, respect for individuals’ fundamental rights and freedoms as  Enshrined, notably, in the European Convention on Human Rights

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS Constant training the police personnel for human rights and ethics would be essential to establishing: A civil & democratic society A system of human rights & ethical values education work both for people and police personnel Awareness of human rights standarts to the Police and how to implement those These issues may also help police training institutions and police personnel develop a human rights-based curricula and evaluation approaches Awareness of human rights & ethical values to police personnel Confidence in public hence that would be beneficial to Public Security which is business of all Monitoring & evaluation of policing activities in this regard

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS Turkey has adopted its Code of Police Ethics from the European Code of Police Ethics (2001) Turkey has also approved major human rights documents They have now binding effect on Turkish law Take even priority over Turkish Constitutional law

TRAINING OF THE POLICE PERSONNEL FOR HUMAN RIGHTS AND ETHICS Human rights serve as foundation of police work therefore: Human rights & ethical values need to be part of any police training “Human Rights & Police Ethics” taught in all Turkish Police Academy training schools as a compulsory modul, for (14 weeks) one semester/term. Academic materials used in module as follows:  European Code of Police Ethics  Turkish Code of Police Ethics  Decisions of ECtHR  Other International Human Rigths Documents which have binding Turkey

CONCLUSION Human rights should not be considered as an obstacle to Rather than as the foundation of police work ‘Twin duties/role ’ of the Police, that is obligation to respect and protect human rights on behalf of the state, are:  To refrain from actions that basicly interfere with human rights  To take all necessary steps to protect those rights enshrined in international human rights documents  Failure to take necessary measures constitute human rights issues

A FINAL WORD HUMAN RIGHTS FOR ALL It is essential to establish: Citizens and especially law enforcement officials are trained on human rights and fundamental freedoms for:  Building together a safe and civil society where human rights are respected & observed by all  Change the mindset of the Police into protecting human rights from preventing & dealing with criminals in that way like preventive & protective policing This way will justfy the need for constant human rights & ethical values training not only for the Police & also the public

CONCLUSIONS & SUGGESTIONS Thank you for your kind attention…