elements. The ‘iceberg’ -model is helpful to direct our focus beyond the visible factors, such as laws and procedures - that are only a small part relevant to change - to the underlying mindsets, attitudes, and cultural patterns etc.41 EVENTS AND OUTCOMES WHAT HAPPENED WHAT’S BEEN HAPPENING TREND/PATTERNS STRUCTURES WHY? POWER DYNAMICS MENTAL MODELS Figure 4: Iceberg During the regional workshops, the importance of police culture and knowledge was discussed as a major influencing factor. As mentioned in chapter 2.1.2, police officers need to be convinced that strengthening procedural rights is a necessity and does not go against their interest to quickly ‘close’ criminal cases. The implementation of non-coercive investigation methods such as ‘investigative interviewing’ has led to fundamental changes in some European countries.42 The police culture will not only influence whether new laws and procedures are eventually properly implemented and lead to a tangible change for suspected and accused persons but is also an influencing factor on the legal reforms themselves. In many countries, police labour unions have a significant influence on politicians and governments and are often not very favourable to strengthening procedural rights. In view of their role for the implementation of procedural rights, it is also very important to take into account the attitudes and mindsets of investigating officers, prosecutors and judges. Furthermore, we should not only look at the different actors and institutions in isolation but also the relationship between them. The way lawyers, police, prosecutors, and judges relate to each other and influence the behaviour of the police in custody may be instrumental for the problem and its solutions. It was, for example, suggested that judges who routinely inquire into the effective provision of procedural rights can positively motivate police officers to respect them. At the same time some participants expressed concerns about the negative influence of a judicial culture that is increasingly punitive and ‘tough on crime’. Naturally, the (perceived) mindsets and attitudes in the general public, and in government representatives, shape criminal justice policies and also greatly challenge the potential impact of procedural rights. At the EU workshop with CSOs in Brussels, the issue of rising ‘penal populism’ was mentioned, where political parties adopt “tough on crime” policies, creating a perception that crime is out of control and can only be handled by hard-line policing, extended criminalisation and harsher punishment. In this context, individual rights cannot offer safeguards that will effectively counterbalance the powers of police authorities. It is important for CSOs to find innovative ways to counter this trend (see below, § 3.2). The participants of the national roundtable in Spain emphasised the importance of ‘reinforcing a culture of rights’, to create an understanding among key stakeholders and the public why procedural rights are important. 41. Suntinger and Birk, ‘Systemic Thinking in Preventive Human Rights Monitoring’ (2021) 30; Philipp Hamedl and Giuliana Monina, Monitoring Prison Violence: A Handbook for National Preventive Mechanisms (Ludwig Boltzmann Institute of Fundamental and Human Rights 2021) 44-45. 42. CPT, ‘28th General Report of the CPT’ (2018) 30-34. 20