The underlying principles of police oversight which embodied a series of Court
judgements, legal requirements and other guidance were further developed in
several later publications. These useful interpretative and guiding publications
included;
x
x
x
x
x
United Nations Office on Drugs and Crime Handbook (UNODC)13;
Council of Europe Commissioner for Human Rights Opinion14;
Ombudsman Institutions in Southeast Europe International
Workshop15;
European Code of Police Ethics16; and,
European Partners Against Corruption(EPAC) Setting Standards for
Europe Handbook17;
The European Code of Police Ethics (the Code), derived from the sources
outlined above, enshrines the basic principles that should apply to police
services in democratic societies governed by the rule of law. The Code was
established under the authority of the European Committee on Crime
Problems and was submitted for approval and transmission to the Committee
of Ministers in June 2001. In September 2001, the recommendations were
adopted and publication was authorised. The work to develop the Code was
based upon legal instruments (conventions and recommendations of the
Council of Europe and other international organisations) as well as principles
established by the European Court of Human Rights and other bodies of the
Council of Europe.
The Code provides a general organisational framework for the police, their
place in the criminal justice system, their objectives, performance and, with
regard to oversight mechanisms, their accountability. The Code specifically
sets out principles of external accountability of the police as well as those
exercised internally, within police services. The Code affirms that;
“The police shall be accountable to the state, the citizens and their
representatives. They shall be subject to efficient external control.”
State control of the police is envisioned as being complemented by the means
for the police to be made answerable to the public (citizens and their
representatives). The Code proclaims that public authorities shall ensure
effective and impartial procedures for complaints against the police.
13
Handbook on police accountability, oversight and integrity
Concerning Independent and Effective determination of Complaints Against the Police (Comm DH 2009(4))
EU Accession and the Universal Periodic Review; International Workshop Zagreb, Croatia November 2013
16
Recommendation Rec(2001)10 adopted by the Committee of Ministers of the Council of Europe on 19 September
2001 and explanatory memorandum
17
Anti-Corruption Authority Standards EPAC/EACN and Police Oversight Principles
14
15
8