In November 1999 in Istanbul, the Organization for Security and Cooperation in Europe (OSCE) established the Charter for European Security, a declaration between OSCE participating states affirming their commitment to a free, democratic and more integrated OSCE area where participating States are at peace with each other, and individuals and communities live in freedom, prosperity and security. The Charter included more specific activities, including police related ones.

Articles 44 and 45 of the Charter outline OSCE’s commitment to enhancing civilian police-related activities, including conflict prevention, crisis management and post-conflict rehabilitation. The activities specified included monitoring of the police and police training. Police monitoring by the OSCE aims to prevent police from any discriminatory activities based as a result of religious or ethnic differences. Police training involves capacity building of local police services by improving their operation and tactical capabilities. Further training includes reforming paramilitary forces, providing modern policing skills such as community policing and further capacities, establishing a police service with multi-ethnic and multi-religious composition, and promoting overall respect for human rights and fundamental freedoms.

OSCE further aims to encourage the use of modern equipment appropriate to police services and aims to promote the development of independent judicial systems to ensure remedies for human rights violations. Finally, the OSCE committed itself to working towards the establishment of the appropriate political and legal frameworks which will allow police to perform its duties according to democratic principles and the rule of law.

Prior to Istanbul, the OSCE participating states held conferences on the human dimension of the organization. In Copenhagen in 1990, it was asserted that any person arrested or detained will have the right to be brought promptly before a judge or other law enforcement to ensure lawfulness of the arrest and detention. The detainee must be informed of his or her right and obligations in the determination of any criminal charge, must be given the right to seek and receive legal assistance, and is entitled to a fair hearing before a competent, independent and impartial law-established tribunal. In terms of asserting proper procedures, the participating states reaffirmed their commitment to prohibit all forms of torture and to take measures for prevention and punishment of such practices. This includes adequate education and training of all law enforcement personnel, and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. The commitment also includes reviewing systematically the interrogation rules, instructions, methods and arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment.

In Moscow in 1991 and Budapest in 1994, the participating states met again on the human dimension issue and confirmed similar commitments. They agreed to abide by internationally recognized standards that guide the administration of justice and human rights of detainees. The participating states committed themselves to enacting effective measures through national legislation against torture and other cruelly inhuman or degrading treatment or punishment, and to ensure that law enforcement bodies take proper procedures in regards to detained persons. The procedures must ensure against taking advantage of the situation for the purpose of compelling a detainee to confess, incriminate him or herself, or to force him/her to testify against any other person. Importantly, a detainee and his/her counsel must have the right to make a complaint regarding the treatment to appropriate authorities vested with reviewing or remedial power.

Analysis provided by: Piotr Bysina, Police Legal Expert.