The Council of Europe Committee of Experts on Police Ethics and Problems of Policing adopted the European Code of Police Ethics in September 2001. This Recommendation (2001)10 provides guidance for the governments of the member states of the Council of Europe regarding their internal legislation, practice and codes of conduct for their police.

Police powers of investigation, such as investigation measures, surveillance, witness protection and victim support, are regulated in Articles 41-42 and 47-53 of this European Code of Police Ethics. Article 41 states that police shall not interfere with an individual’s right to privacy unless it is necessary to obtain a lawful purpose. This right to privacy includes the right to a private life, family life, home and correspondence as enumerated in Article 8 of the European Convention on Human Rights. Articles 47 and 48 of the European Code of Police Ethics state that police investigations shall only be conducted if there is reasonable suspicion of a criminal offense and that everyone shall be considered innocent until found guilty. This “presumption of innocence” principle can also be found in the European Convention on Human Rights, Article 6.

Police powers to maintain public order, such as the power to search, the power to arrest, the power to seize objects and the power to use force, are also regulated in the European Code of Police Ethics. The police power to use force, for example, is regulated in Articles 35-37 of the Code. Article 35 guarantees that the police shall respect everyone’s right to life, which means that the police shall not be involved in intentional killing. This Article 35 corresponds to Article 2 of the European Convention on Human Rights. Article 35 is closely connected to Article 36, which states that the police shall not under any circumstances inflict, instigate or tolerate torture or other inhuman or degrading treatment.

The Council of Europe European Code of Police Ethics also contains regulations regarding police recruitment, training, ethics, misconduct and disciplinary sanctions for police officials. Articles 22-30 state that police officials shall be recruited on the basis of their personal qualifications and not on the basis of sex, race, religion or ethnic origin. Articles 38-40 and 43-44 of the European Code of Police Ethics focus on police ethics and how the police shall act in a democratic society. The police official shall, for example, always bear in mind everyone’s fundamental rights and shall consider the situation for especially vulnerable groups of society. These fundamental rights include the freedom of thought, conscience, religion, expression, peaceful assembly, movement and peaceful enjoyment of possessions (Articles 43 and 44).

Analysis provided by Maria Bideke, International lawyer and Director of Law Association Justice International.