SPECIFIC ISSUES
Most of the Länder also informed the National
Agency that they operate internal complaints systems
for investigating police misconduct and that these also
handle administrative and technical supervisory tasks.
These complaints systems ensure that police misconduct is rigorously pursued at the disciplinary and
criminal prosecution level, the National Agency was
informed. Some Länder reported that complaints are
addressed and discussed in the context of staff and
leadership meetings. In North Rhine-Westphalia
these reports are also passed on to the Land parliament.
The National Agency also looked into the issue of
CCTV monitoring of police stations in terms of better clearing up police assaults. According to the
Länder, introducing CCTV monitoring in police stations has not yet been considered as an option, apart
from in the context of protecting police premises.
CCTV monitoring is, nevertheless, already being
conducted in some custody suites and individual custody and interrogation rooms. Rhineland-Palatinate
informed the National Agency that its police force
had introduced body cams in July 2015 and that police
vehicles are now fitted with CCTV cameras.
duce an independent complaints office; the coalition
agreements in Thuringia and Schleswig-Holstein
specify that such offices are to be set up.
The Joint Commission contacted these offices in
the aforementioned Länder and requested information
about their mandate and working method. It also held
personal meetings with Department 13 (Internal
Investigations) in Bavaria and with the RhinelandPalatinate Police Commissioner.
The above-mentioned Länder have adopted very different approaches. Rhineland-Palatinate has expanded the remit of its ombudsperson to include the
tasks of the Police Commissioner, in which capacity
the ombudsperson accepts complaints and aims at
out-of-court conflict resolution. Lower Saxony and
Saxony-Anhalt have also created complaints offices to
which both citizens and police employees can turn.
Bavaria chose a different model when it set up its
Department 13 (Internal Investigations) in 2013. The
Department is attached to the Bavarian Land Criminal Police Office and is responsible for conducting
criminal investigations against employees of the
Bavarian police in the case of offences committed
while an officer was on duty. Individual cases may also
be assigned to the Department, for instance offences
committed while an officer was off duty. Department
13, a criminal police investigation office, has all the
requisite investigatory powers and is subject to the
principle of mandatory prosecution (Legalitätsprinzip).
Further, the Department is the point of contact for
citizens (telephone hotline) as well as for employees of
the Bavarian police (intranet). As well as processing
those cases which are assigned to it, Department 13
also regards police officer training and development as
key. That is why those employed in the Department
take part in the police training programme. In addition, there are plans to incorporate the relevant content into the training programmes of all the career
tracks in the Bavarian police force. The aim is to provide employees with information about all aspects of
internal investigations (conduct, external effects and
consequences) and to raise their awareness so as,
ultimately, to have a general preventive impact when
it comes to the incidence of police assaults.
Finally, the Office of Internal Investigations in
Bremen and the Department of Internal Investigations (D.I.E.) in Hamburg operate under a similar
mandate. The latter, though, does not process complaints.
Based on the insights gained and given its preventive
remit, the National Agency feels that it is important
that each Land has an office to which the victims of
police assaults can turn and that such an office is also
established at federal level. Police officers should also
be able to turn to these offices to report any miscon-
4.2.2 – Independent complaints and investigation
offices
In the period under review the National Agency
looked into the use of force by police officers when
taking people into custody and how this can be prevented. In the first instance, the National Agency was
primarily interested in whether there are any independent bodies which accept and process complaints
regarding such incidents.
In the National Agency’s view, the existence of an
independent complaints and investigation office has
an important role to play when it comes to preventing
police officers using force against those being taken
into custody. Victims of police assaults will only place
their trust in such offices if they are perceived as being
independent. They should also give police officers
who witness the use of force by colleagues a means of
reporting incidents which avoids the official channels.
In spring 2015 there were reports of ill-treatment in
one Federal Police District Office, whereupon the
Federal Police set up an “integrity line” which is directly subordinate to the Federal Police President and
is responsible for handling complaints and information supplied by Federal Police officers.
Complaints and investigation offices have already
been set up in Bavaria, Bremen, Hamburg, Lower
Saxony, Rhineland-Palatinate and Saxony-Anhalt. A
central police complaints office opened in Saxony in
early 2016. The Land parliament in North RhineWestphalia is currently examining whether to intro-
17
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