NCJ Number
70695
Journal
Revue internationale de criminologie et de police technique Volume: 33 Issue: 1 Dated: (January-March 1980) Pages: 21-48
Date Published
1980
Length
28 pages
Annotation
The code of ethics proposed by the Council of Europe to define ethical guidelines, rights, and responsibilities of police in war and peace time is described.
Abstract
The objectives of the code are to inspire legislative reform in the 21 member states and to furnish an international model for police behavior comparable to the European Convention on Human Rights. Two sections on police ethics and regulations apply to all types of police organizations, including secret service officers and military police, while the third section is valid only for regular police in war and occupation situations. According to the ethical guidelines, police officers must fulfill their legally defined protective obligations with integrity, impartiality and dignity. Executions, torture, and inhuman treatment are prohibited. Officers are obligated to carry out legal but not illegal orders of their superiors, and no action can be taken against them for refusing to obey orders. Police officers must oppose violations of the law, especially those based on prejudice; they must refuse to arrest persons just because of race or convictions. Every officer is held responsible for his actions and actions which he has ordered. The law must establish a clear police hierarchy, guarantees against prejudice, and explicit instructions for use of firearms by officers. Officers are required to accomplish their duties with the highest degree of determination, to attend to the medical needs of persons under their protection, and to maintain confidentiality of information obtained in the line of duty. The public should support officers in their actions. According to the regulations on the status of police, any qualified citizen may become a police officer. As police officers, individuals are entitled to appropriate training and working conditions, fair pay, representation by a professional organization, defense counsel in criminal or disciplinary actions, and fair court trials. During wartime and foreign occupation, police must continue to protect persons and property in the interest of the civil population. Occupying forces cannot order police to undertake other duties or to take action against resistance movements. Officers must be reinstated later if they resigned when forced to execute illegal orders during occupation. Moreover, they cannot be punished during or after the occupation for executing normal orders of the competent authorities at the time in question. The text of the resolution is appended.