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REPUBLIC OF MACEDONIA

MINISTRY OF INTERIOR

According to Article 74, paragraph 2 of the Law on Internal Affairs (“Official Gazette of the Republic of Macedonia” No. 19/95, 55/97, 38/2002, 13/2003 and 33/2003), the Minister of Interior has adopted

CODE OF POLICE ETHICS

I. GENERAL PROVISION

Article 1

(1) This code determines the manner of behaviour, work and the aims of the police, legal basis of the police functions, relation of the police and the criminal judiciary bodies, organization of the police, qualifications, selection process, employment and training of the police, right of the employees in the police, police interventions, responsibility and the control of the police, research and international cooperation of the police, with the aim of respecting the basic principles and recommendations contained in the European Code of Police Ethics, adopted by the Committee of Ministers of the Council of Europe on 19.19.2001

(2) The members of the police are obliged to respect the provisions of this Code.

II. AIMS OF THE POLICE

Article 2

The basic aims of the police of Republic of Macedonia, according to the principle of the rule of law are:

III. LEGAL FOUNDATIONS OF THE POLICE FUNCTION

Article 3

The competencies of the police and its organization are determined by law and by-law regulations.

Article 4

The police interventions are always realized in accordance with the law and the ratified international agreements.

Article 5

The members of the police perform their working tasks in accordance with the law and the same are subject to the regular legal procedures and sanctions.

Article 6

The members of the police are subject to the legislation that applies for all the citizens in Republic of Macedonia, except in cases determined by law, in the interest of appropriate realization of the police function.

IV. THE POLICE AND THE JUDICIARY BODIES

Article 7

The police is one of the four components of the criminal-legal system, with clearly defined competence in relation to the functions of the Public Prosecution Office, the Courts and the correctional institutions.

Article 8

In the process of implementation of its competencies, the police establishes functional cooperation with the Public Prosecution Office.

Article 9

The police within the framework of its determined competency is obliged to respect the principles of independence of the court and impartiality of the judges, respecting all the decisions reached by the courts and enabling their realization.

Article 10

The members of the police are obliged to respect the role and the function of the (defence) lawyer in the pre-criminal and criminal procedure, enabling realization of the right to defence through efficient legal assistance to the individuals who were called, put into detention or deprived of freedom.

Article 11

The members of the police do not undertake the role of a prison staff, except in a state of war or state of emergency.

V. ORGANIZATION OF THE POLICE

Article 12

The Police are organized with the aim to promote the confidence among its members and the public, through developing public, transparent and service function.

Article 13

The Police develop high degree of professionalism of its members, through realization of the police tasks in accordance with the principles of the civil society.

Article 14

The uniform and the special equipment of the police, as well as the police stations are easily recognized, which enables openness and transparency of the police organization.

Article 15

The police enjoy operative independence from other state bodies or institutions, especially political independence in the realization of its competencies, for which it is fully responsible.

Article 16

The members of the police at all levels are personally responsible for their activities and oversights and omissions, as well as for the orders received by their superiors and the ones given to the subordinates.

Article 17

The Police organization provides clear hierarchy of command within the police, and it is always possible to determine which superior has the ultimate responsibility for the actions, oversights and omissions of the members of the police.

Article 18

The police is organized in accordance with the principle “Police work in the community” (“Community policing”) enabling the establishment of police-public relations, and along with it - efficient cooperation with other organs, units of local self-governance, non governmental organizations and the citizens.

Article 19

The Police objectively informs the public regarding its activities, in accordance with the principles of confidentiality of data (which are respected in the course of individual integrity protection of citizens, respect of the principle of presumption of innocence, as well as for reasons of leading the criminal procedure). For this purpose, professional procedures for contacts with the media are being established.

Article 20

The police organization is obliged to determine efficient measures for securing the integrity of its members, especially in the part of protection of the basic rights and freedoms of the individual, guaranteed by the Constitution of the Republic of Macedonia and the ratified international documents.

The members of the police are obliged to respect and promote the degree of police culture, in accordance with the standards of conduct, provided in the law and by-law acts.

Article 21

For the purpose of maintaining stabile police integrity, as well as duly work of the police in accordance with the principle of the rule of law, there are measures for efficient prevention and fight against corruption being established at all levels within the framework of the police organization, through defining the corruptive behaviour and establishing organizational structures and control mechanisms in the fight against corruption.

The members of the police should not be placed in material or other dependence from other individuals or bodies.

The members of the police must not use their official authorizations for obtaining personal benefit.

VI. QUALIFICATIONS, SELECTION AND

EMPLOYMENT IN THE POLICE

Article 22

Members of the police are employed on the basis of their personal qualification and experience, in accordance with the terms for selection and employment, determined by law and in accordance with the aims of the police tasks.

Article 23

The qualification, selection and employment of members of the police is provided in accordance to the principle of professionalism, legality and efficiency in the work determined by law.

Article 24

The members of the police should possess the capacity for reasonable judgement, to be open-minded, mature and have a sense of justice, communication skills, while for specific working positions there is a need of leader and management skills.

Article 25

The procedure for selection and employment of police personnel is based on the principles of objectivity and non-discrimination of the candidates of both genders, as well as appropriate and equitable representation of citizens belonging to all communities in the Republic of Macedonia.

VII. POLICE TRAINING

Article 26

The police training, based on democracy, the rule of law and respect of human rights and fundamental freedoms, is developed according to the aims of the police.

The police training is developed also according to the principles for fight against racism and xenophobia.

Article 27

The training of the members of the police, through different degrees of police education with clearly specified aims, provides profile of police qualification and culture, high degree of initiative, professionalism and expertise in the performance of the police function.

It is necessary for the members of the police to receive solid information of the social area and the culture of the community in the society.

Article 28

The basic police training is open and transparent to the society, which simultaneously contributes to its regular dynamics and promotion of the values of article 26 of this Code.

Article 29

The basic training of the police members is followed by regular training within the service, and if there is a need with special training and training for management in the area of security (security management).

Article 30

The practical training of the police members regarding the use of force and the restrains regarding the established principles of human rights, in accordance with the provisions of the law and the ratified international agreements, is fully included within the framework of the overall training of the police personnel.

VIII. RIGHTS OF THE EMPLOYED IN THE POLICE

Article 31

The members of the police enjoy the same civil and political rights as well as the rest of the citizens of the Republic of Macedonia, except in the cases provided by law.

The rights of the members of the police from paragraph 1 of this article can be limited only when it is necessary for realization of the functions of the police, in accordance with the law and the ratified international agreements for human rights protection.

The members of the police exercise their right to strike by terms and manner determined by the Law on internal affairs and the Collective agreement of the Ministry of Internal Affairs.

Article 32

The members of the police equally enjoy all the social and economic rights, guaranteed by the Constitution of Republic of Macedonia and the ratified international agreements.

Article 33

The members of the police have the right to organize themselves in representative organizations – unions, to receive appropriate salaries and to have right to social security, as well as protection with special health and social measures, in accordance with the specific character of the police tasks.

Article 34

Discipline decisions against members of the police can always be challenged by the court.

Article 35

Members of the police being subject to ungrounded suspicions regarding the realization of their legal authorizations and duties are entitled legal assistance free of charge through the Ministry of Internal Affairs.

IX. POLICE INTERVENTION

A. GENERAL PRINCIPLES

Article 36

The police and its members are obliged to respect the right to life of each citizen in the realization of their duties.

Article 37

The police cannot cause, encourage or tolerate any type of torture, inhuman or degrading treatment or punishment.

Article 38

The police can use means of force only when it is necessary and in the degree necessary for achieving specific legitimate purpose.

Members of the police will not use firearms, unless it is necessary and is in accordance with the law.

Article 39

The police perform its tasks in accordance with the law and the ratified international agreements.

Members of the police must always verify the justifiability of their planned actions.

Article 40

Members of the police are obliged to respect written and verbal orders of their superiors, in accordance with the law and the by-law acts of the Ministry of Interior.

Article 41

Members of the police perform the orders given by their superiors, restrain from performing illegal orders and inform their superior of the given and performed orders.

Member of the police, without fearing of sanctions will restrain from performing illegal orders that might represent a criminal act.

Article 42

Members of the police are obliged to perform duties in righteous way, governed by the principles of impartiality and equality of all citizens.

Article 43

Members of the police are obliged to respect the right to privacy of the citizens in accordance to the Constitution and the laws of the Republic of Macedonia.

Article 44

Collection, storage and use of personal data by the police is performed according to the law and ratified international agreements for personal data protection, limited and in size necessary for performing the legitimate obligations.

Article 45

Members of the police, in performing their tasks respect the fundamental rights of the citizens, such as: right to life, freedom of belief, awareness, thought and public expression of the thought, freedom of speech, public appearance, public informing and free establishing of institutions for public information, freedom of religious belief, freedom of association for realization and protection of political, economic, social, cultural and other rights and beliefs of the citizens, right for peaceful gatherings, freedom of movement and the right to ownership, as well as other right guaranteed by the Constitution of Republic of Macedonia.

Article 46

While performing their duties, members of the police always identify themselves as a proof of their police status and professional identity.

Article 47

Members of the police are opposing the forms of corruption within the framework of the police.

Each member of the police is obliged to inform his/her superiors and other competent bodies of the appearance of corruptive behaviour within the police.

B. POLICE INTERVENTION

Article 48

Police intervention is based on a reasonable doubt for perpetrated criminal act.

Article 49

The police respect the principle of presumption of innocence, in accordance with the Constitution and the laws of the Republic of Macedonia.

Article 50

Members of the police are obliged to respect the rights of individuals being suspects or convicted for perpetrated criminal act.

Before reaching the valid verdict, the freedoms and rights of the prosecuted individuals and other persons can be limited only in terms which is necessary and determined by law.

Article 51

Police interventions are objective and righteous.

Article 52

In police interventions, members of the police act in accordance with the specific needs of particular categories of individuals, such as: children, minors, women, old and helpless individuals and individuals with health problems.

Article 53

Police establishes clear rules and directions for righteous realization of the procedure with the individuals being called, retained or deprived of freedom, and especially for these individuals to be informed of the reasons for their calling, retaining or depriving of freedom, as well as for other relevant information.

Article 54

Members of the police, in accordance with the law, are obliged to inform the individual which is called, retained or deprived of freedom in a language which he/she understands for the reasons for calling, detaining or depriving of freedom or the existence of any criminal charges filed against him/her.

The police will provide an interpreter in cases when this is necessary in the course of the police procedure.

Article 55

Member of the police is obliged to inform the individual being called, retained or deprived of freedom for the right to remain silent, right to consult an attorney, the right to defence by his/her choice, the right to medical examination if that is requested from that individual, as well as the right to inform a member of the family of some close individual for the calling, detaining or depriving of freedom.

Article 56

Members of the police are obliged to respect the personal dignity and the individual needs of the person who is called, detained or deprived of freedom when there are reasonable doubts for perpetrating criminal act.

Article 57

Members of the police respect the rules for witness protection and their support during the course of the investigation, especially in the cases when there is a risk of endangering their life, health and property, as well as the integrity of the members of their families.

Article 58

The police provide the necessary support, assistance and information for the victims of criminal acts, directly or through other organizations and institutions, regardless of their race, sex, ethnical, religious or other background.

Article 59

While being in detention on the basis of reasonable doubts for perpetrating criminal acts of the individuals in the police stations, members of the police closely watch the individual for the reasons of securing their personal protection, health condition, as well as preventing his/her escape.

For the detained persons from paragraph 1 of this article, bookkeeping is obligatory.

X. RESPONSIBILITY AND CONTROL OF THE POLICE

Article 60

The police is responsible before the state, the citizens and their representatives, through external control of its work.

Article 61

The state control on the police is divided among the legislative, executive and judiciary authorities.

Article 62

In the course of developing the relations among the police and the public, there is a need of promoting mechanisms of responsibility, based on the communication and common understanding between members of the police and the public.

Members of the police are responsible for their actions before the citizens of the Republic of Macedonia.

In an event of violation of the constitutional and legal rights by members of the police, the citizens can also ask for protection of this rights from the Ombudsman.

XI. RESEARCH AND INTERNATIONAL COOPERATION

Article 63

The state promotes and encourages the research for the police, from the police and also on the part of external institutions.

Article 64

In the interest of supporting the democratic values, ethics and human rights, as well as the rule of law, it is necessary to establish and sustain continuous international cooperation between the police of the Republic of Macedonia and the police of the European and other countries and international organizations, such as: ICPO- Interpol, EUROPOL, CEPOL and others.

Article 65

This Code enters in force on the 8th day since its publishing in the “Official Gazette of the Republic of Macedonia”.

Published in the “Official Gazette of the Republic of Macedonia” no. 3 on 26 January 2004.