To Serve And Protect: Guide For Police Conduct And Behaviour
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View To Serve And Protect: Guide For Police Conduct And Behaviour as PDF for free.
More details
- Words: 1,336
- Pages: 20
ANGLAIS
11.01.2005
15:36
Page 2
0845/002 11.2004 5,000
GUIDE FOR POLICE CONDUCT AND BEHAVIOUR
TO SERVE AND TO PROTECT
ANGLAIS
11.01.2005
15:36
Page 3
International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 6001 F +41 22 733 2057 E-mail: [email protected] www.icrc.org © ICRC, November 2004 Illustrations Cédric Marendaz 04
ANGLAIS
11.01.2005
15:36
Page 5
POLICE CONDUCT AND BEHAVIOUR International Human Rights Law and Humanitarian Principles for Professional Policing
1
ANGLAIS
11.01.2005
15:36
Page 6
POLICE CONDUCT AND BEHAVIOUR To serve and to protect the people in your community
2
ANGLAIS
11.01.2005
15:36
Page 7
POLICE CONDUCT AND BEHAVIOUR Key points Article 1: Always fulfil the duty imposed on you by law, by serving the community and protecting all persons against illegal acts. Article 2: Respect and protect human dignity and maintain and uphold the human rights of all. Article 3: Only use force when strictly necessary and to the extent required. Article 4: Keep matters of a confidential nature confidential, unless the performance of duty or the needs of justice strictly require otherwise. Article 5: Never torture or inflict cruel, inhuman or degrading treatment. Article 6: Ensure full protection of the health of all persons in your custody. Article 7: Do not commit any acts of corruption. Article 8: Respect the law and the present code of conduct and prevent and oppose any violations thereof.
Based on the UN Code of Conduct for Law Enforcement Officials
3
ANGLAIS
11.01.2005
15:36
Page 8
FUNDAMENTAL RIGHTS OF PERSONS RIGHTS THAT CAN NEVER BE TAKEN AWAY Right to life No one shall be arbitrarily deprived of his/her life.
Prohibition of torture Torture, cruel, inhuman or degrading treatment or punishment is never permitted under any circumstances.
4
ANGLAIS
11.01.2005
15:36
Page 9
FUNDAMENTAL RIGHTS OF PERSONS RIGHTS THAT CAN NEVER BE TAKEN AWAY Prohibition of retroactive criminal laws No one can be held guilty of a criminal offence under national or international law if it was not an offence at the time when it was committed.
5
ANGLAIS
11.01.2005
15:36
Page 10
POLICE RESPONSIBILITIES
Enforce national law You have a duty to: • protect life and property; • provide an environment of security; • restore and maintain peace and public order; • respect the human rights of all persons.
Prevent and detect crime You are a part of the community. You must promote cooperation between the police and the community. You must behave in a way that encourages and promotes mutual trust and respect between the police and the community.
6
Look !
ANGLAIS
11.01.2005
15:36
Page 11
POLICE RESPONSIBILITIES
Maintain and restore peace and public order People have the right to hold opinions, to express themselves, to associate and assemble peacefully.
You have a duty to maintain and restore peace and public order within the law.
Assist the community in times of emergency You must provide aid and assistance in times of need.
7
ANGLAIS
11.01.2005
15:36
Page 12
POLICE POWERS NO ONE SHALL BE SUBJECTED TO ARBITRARY ARREST OR DETENTION Arrest You must: • treat persons arrested with dignity and humanity; • inform them of their rights when arrested; • presume their innocence at the time of arrest; • prevent disappearances and extra-judicial killings.
Detain Detainees have the right to: • see a lawyer; • challenge the lawfulness of their detention; • appear before a judicial body to respond to the charges against them; • have a fair trial within a reasonable period of time.
8
ANGLAIS
11.01.2005
15:36
Page 13
POLICE POWERS
Search and seize
WARRANT
Persons being searched must be treated with dignity and their property respected. Searches must be conducted legally.
Use of force and firearms Any force required must be proportionate to the seriousness of the offense and your legitimate objective. Deadly force is an extreme measure to be used only: • when strictly unavoidable; • when there is an imminent threat of death or serious injury to yourself or others; • to prevent crime involving grave threat to life, and as a last resort.
9
ANGLAIS
11.01.2005
15:37
Page 14
VULNERABLE GROUPS
Women You should recognize that they are more vulnerable to gender crimes. Body searches should only be conducted by female officers. Women must be detained separately from men. In cases where this is not possible, they should be isolated from men.
Juveniles They require additional protection because of their youth and vulnerability. They should be treated very sensitively as most are not hardened criminals. They should be detained separately from adults.
10
ANGLAIS
11.01.2005
15:37
Page 15
VULNERABLE GROUPS
Victims of crime Treat them as you would wish yourself and members of your family to be treated. You must treat them with compassion and respect.
Refugees and internally displaced persons You should recognize that they are more vulnerable. They enjoy the same fundamental rights as all persons.
11
ANGLAIS
11.01.2005
15:37
Page 16
PROTECTION OF DETAINEES
12
ANGLAIS
11.01.2005
15:37
Page 17
PROTECTION OF DETAINEES The purpose of ICRC visits is to assess the material and psychological conditions of detention and the treatment of people deprived of their freedom. Whether dealing with a situation covered by the Geneva Conventions or not, the ICRC applies the same criteria in its work on behalf of those deprived of their freedom. When conducting their visits delegates must: •
be able to see all persons deprived of their freedom who fall within the ICRC's mandate;
•
have access to all places in which they are held;
•
be able to talk to them in private;
•
receive from the authorities a list of persons deprived of their freedom who fall within the ICRC's mandate, or they must be able to draw up such lists themselves;
•
be allowed to repeat the visits as often as they wish.
The ICRC works to: •
prevent or put an end to disappearances and summary executions, torture and ill-treatment;
•
make recommendations to the relevant authorities on the conditions of detention and treatment of persons deprived of their freedom, where improvements are necessary;
•
restore family links wherever they have been disrupted.
13
ANGLAIS
11.01.2005
15:37
Page 18
COMMAND AND MANAGEMENT
You must: • uphold and comply with the law; • report any instances of unethical or illegal conduct by your colleagues to your superiors; • be responsible and accountable both towards yourself and your community.
YOU WILL ULTIMATELY HAVE TO ACCOUNT FOR YOUR ACTIONS AND BEHAVIOUR
14
ANGLAIS
11.01.2005
15:37
Page 19
TAKE DETAILED NOTES As a member of the police and security forces, you will strengthen your integrity and your credibility if you comprehensively document your actions and answer the following key questions: WHO
witnessed or was responsible for the act?
WHAT
happened exactly?
WHEN did the event take place (date, time, conditions)? WHERE did the event take place (describe in detail)? WHY
might the event have occurred (motive)?
HOW
might it have happened?
Your law-enforcement responsibility is to comprehensively gather all the material facts during an investigation. It is NOT to determine the guilt or innocence of an individual. That remains the task of the courts. Your testimony in court is crucial, and an accurate presentation of the evidence will enhance not only your own professionalism but also that of the police or security service you represent.
15
ANGLAIS
11.01.2005
NOTES
16
15:37
Page 20
ANGLAIS
11.01.2005
15:37
Page 4
MISSION The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. It directs and coordinates the international relief activities conducted by the Movement in situations of conflict. It also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the International Red Cross and Red Crescent Movement.
11.01.2005
15:37
Page 1
0845/002 11.2004 5,000
ANGLAIS
11.01.2005
15:36
Page 2
0845/002 11.2004 5,000
GUIDE FOR POLICE CONDUCT AND BEHAVIOUR
TO SERVE AND TO PROTECT
ANGLAIS
11.01.2005
15:36
Page 3
International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 6001 F +41 22 733 2057 E-mail: [email protected] www.icrc.org © ICRC, November 2004 Illustrations Cédric Marendaz 04
ANGLAIS
11.01.2005
15:36
Page 5
POLICE CONDUCT AND BEHAVIOUR International Human Rights Law and Humanitarian Principles for Professional Policing
1
ANGLAIS
11.01.2005
15:36
Page 6
POLICE CONDUCT AND BEHAVIOUR To serve and to protect the people in your community
2
ANGLAIS
11.01.2005
15:36
Page 7
POLICE CONDUCT AND BEHAVIOUR Key points Article 1: Always fulfil the duty imposed on you by law, by serving the community and protecting all persons against illegal acts. Article 2: Respect and protect human dignity and maintain and uphold the human rights of all. Article 3: Only use force when strictly necessary and to the extent required. Article 4: Keep matters of a confidential nature confidential, unless the performance of duty or the needs of justice strictly require otherwise. Article 5: Never torture or inflict cruel, inhuman or degrading treatment. Article 6: Ensure full protection of the health of all persons in your custody. Article 7: Do not commit any acts of corruption. Article 8: Respect the law and the present code of conduct and prevent and oppose any violations thereof.
Based on the UN Code of Conduct for Law Enforcement Officials
3
ANGLAIS
11.01.2005
15:36
Page 8
FUNDAMENTAL RIGHTS OF PERSONS RIGHTS THAT CAN NEVER BE TAKEN AWAY Right to life No one shall be arbitrarily deprived of his/her life.
Prohibition of torture Torture, cruel, inhuman or degrading treatment or punishment is never permitted under any circumstances.
4
ANGLAIS
11.01.2005
15:36
Page 9
FUNDAMENTAL RIGHTS OF PERSONS RIGHTS THAT CAN NEVER BE TAKEN AWAY Prohibition of retroactive criminal laws No one can be held guilty of a criminal offence under national or international law if it was not an offence at the time when it was committed.
5
ANGLAIS
11.01.2005
15:36
Page 10
POLICE RESPONSIBILITIES
Enforce national law You have a duty to: • protect life and property; • provide an environment of security; • restore and maintain peace and public order; • respect the human rights of all persons.
Prevent and detect crime You are a part of the community. You must promote cooperation between the police and the community. You must behave in a way that encourages and promotes mutual trust and respect between the police and the community.
6
Look !
ANGLAIS
11.01.2005
15:36
Page 11
POLICE RESPONSIBILITIES
Maintain and restore peace and public order People have the right to hold opinions, to express themselves, to associate and assemble peacefully.
You have a duty to maintain and restore peace and public order within the law.
Assist the community in times of emergency You must provide aid and assistance in times of need.
7
ANGLAIS
11.01.2005
15:36
Page 12
POLICE POWERS NO ONE SHALL BE SUBJECTED TO ARBITRARY ARREST OR DETENTION Arrest You must: • treat persons arrested with dignity and humanity; • inform them of their rights when arrested; • presume their innocence at the time of arrest; • prevent disappearances and extra-judicial killings.
Detain Detainees have the right to: • see a lawyer; • challenge the lawfulness of their detention; • appear before a judicial body to respond to the charges against them; • have a fair trial within a reasonable period of time.
8
ANGLAIS
11.01.2005
15:36
Page 13
POLICE POWERS
Search and seize
WARRANT
Persons being searched must be treated with dignity and their property respected. Searches must be conducted legally.
Use of force and firearms Any force required must be proportionate to the seriousness of the offense and your legitimate objective. Deadly force is an extreme measure to be used only: • when strictly unavoidable; • when there is an imminent threat of death or serious injury to yourself or others; • to prevent crime involving grave threat to life, and as a last resort.
9
ANGLAIS
11.01.2005
15:37
Page 14
VULNERABLE GROUPS
Women You should recognize that they are more vulnerable to gender crimes. Body searches should only be conducted by female officers. Women must be detained separately from men. In cases where this is not possible, they should be isolated from men.
Juveniles They require additional protection because of their youth and vulnerability. They should be treated very sensitively as most are not hardened criminals. They should be detained separately from adults.
10
ANGLAIS
11.01.2005
15:37
Page 15
VULNERABLE GROUPS
Victims of crime Treat them as you would wish yourself and members of your family to be treated. You must treat them with compassion and respect.
Refugees and internally displaced persons You should recognize that they are more vulnerable. They enjoy the same fundamental rights as all persons.
11
ANGLAIS
11.01.2005
15:37
Page 16
PROTECTION OF DETAINEES
12
ANGLAIS
11.01.2005
15:37
Page 17
PROTECTION OF DETAINEES The purpose of ICRC visits is to assess the material and psychological conditions of detention and the treatment of people deprived of their freedom. Whether dealing with a situation covered by the Geneva Conventions or not, the ICRC applies the same criteria in its work on behalf of those deprived of their freedom. When conducting their visits delegates must: •
be able to see all persons deprived of their freedom who fall within the ICRC's mandate;
•
have access to all places in which they are held;
•
be able to talk to them in private;
•
receive from the authorities a list of persons deprived of their freedom who fall within the ICRC's mandate, or they must be able to draw up such lists themselves;
•
be allowed to repeat the visits as often as they wish.
The ICRC works to: •
prevent or put an end to disappearances and summary executions, torture and ill-treatment;
•
make recommendations to the relevant authorities on the conditions of detention and treatment of persons deprived of their freedom, where improvements are necessary;
•
restore family links wherever they have been disrupted.
13
ANGLAIS
11.01.2005
15:37
Page 18
COMMAND AND MANAGEMENT
You must: • uphold and comply with the law; • report any instances of unethical or illegal conduct by your colleagues to your superiors; • be responsible and accountable both towards yourself and your community.
YOU WILL ULTIMATELY HAVE TO ACCOUNT FOR YOUR ACTIONS AND BEHAVIOUR
14
ANGLAIS
11.01.2005
15:37
Page 19
TAKE DETAILED NOTES As a member of the police and security forces, you will strengthen your integrity and your credibility if you comprehensively document your actions and answer the following key questions: WHO
witnessed or was responsible for the act?
WHAT
happened exactly?
WHEN did the event take place (date, time, conditions)? WHERE did the event take place (describe in detail)? WHY
might the event have occurred (motive)?
HOW
might it have happened?
Your law-enforcement responsibility is to comprehensively gather all the material facts during an investigation. It is NOT to determine the guilt or innocence of an individual. That remains the task of the courts. Your testimony in court is crucial, and an accurate presentation of the evidence will enhance not only your own professionalism but also that of the police or security service you represent.
15
ANGLAIS
11.01.2005
NOTES
16
15:37
Page 20
ANGLAIS
11.01.2005
15:37
Page 4
MISSION The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. It directs and coordinates the international relief activities conducted by the Movement in situations of conflict. It also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the International Red Cross and Red Crescent Movement.
11.01.2005
15:37
Page 1
0845/002 11.2004 5,000
ANGLAIS
Related Documents
To Serve And To Protect
June 2020 5
Indain Police Behaviour And Attitudes
April 2020 3
To Serve For Vocation.docx
November 2019 23
Thesun 2009-01-09 Page16 Duty To Serve And Protect
December 2019 5
Guide To Police Scanning
November 2019 12More Documents from ""
The Icrc: Its Mission And Work
June 2020 2
Book I: Weapon Contamination Environment
June 2020 2
Internally Displaced People
June 2020 7
