Public Security Sector Reform in Ukraine: Establishing Effective Public Oversi ght Strategic Civilian SSR Component
Presentation Content • Public Security Sector Oversight Actors • Basic Principles of Public Oversight • Internal/External Oversight Mechanisms • Why Public Oversight is Important • Security Sector Oversight Models • Effective Security Complaint System: Key Tasks/Actions • Case Studies
Public Security Sector Oversight Actors • The Parliament • Executive administration • The Judiciary • Independent oversight bodies • Bodies internal to police/police services • CSOs
Oversight context in Ukraine Institutional Oversight – Constitution of Ukraine (Internal/External) Legislative Oversight – Internal/External Laws + Sub-laws Legislative Balance of Administrative Oversight- Admin. Acts + Decisions Executive Internal/External Powers Judicative Decisions: Judicative a) Civil Court Decisions b) Penal Court Decisions Judicative oversight- c) Administrative Court Decisions d) Constitutional Court Decisions Internal/External Individual Human Rights under the Ombudsperson Constitution Independent Institutions Accounting chamber
Basic Principles of Public Oversight Public Oversight shall be based on the principals of Rule of Law, Legitimacy, Accountability and Transparency • obligatory accountability of bodies of the police and defense sector before controlling bodies; • transparency of the procedure of appointment and dismissal of the heads of bodies of the police and defense sector; • publicity of information about activity of bodies of the civil security and defense sector, with the exception of limitations imposed by law; • the right to appeal the policy and actions of particular public officials and public bodies regarding violation of fundamental human and citizen rights and freedoms (complaints procedure).
Internal/External Oversight Mechanisms Internal Public Oversight : a) Public Oversight related to internal organizational Public Security Sector subject matters issues b) Public Oversight related to individual performance of Public Security Sector actors c) Even when there has been no formal complaint filed Public Oversight should also have the power to investigate internal Public Security Sector subject matters independently on its own initiative External Public Oversight : a) Related to all Public Security Sector Administrative Actions addressed to individual persons b) Establishment, maintenance and conduct of Public Complaints Mechanisms and Processes related to Public Security Sector Administrative Actions
Internal/External Oversight Mechanisms External Public Oversight Review: a) Public Oversight (Internal/External) matters should always be under potential review and scrutiny through judicial processes and competent court jurisdiction. b) Public Oversight (Internal/External) matters should be maintained through transparent processes and subject for review through Legislative Constitutional Powers and Civil Society Organizations
Why Public Oversight is Important • Public oversight of the Public Security Sector is an essential component of the democratic society, why? • Effective Public Oversight is essential to ensure that the Public Security Sector uses its powers and authority within their legal mandate and reflecting the applicable laws and individual rights and freedoms. • Public Oversight is an integral part of Public Security Sector that helps to enhance its effectiveness and build public trust in law enforcement. • Public Oversight is a remedy for public officials’ misconduct.
Public Security Sector Oversight Models • There is no "one best model" of public oversight that is appropriate for every community. • What is common to all systems is the purpose of ensuring effective performance and service delivery and securing public trust.
Effective Security Sector Complaints System: Key Tasks: 1) address complainants ’ grievances; 2) identify misconduct, malpractice and where appropriate, provide evidence for criminal proceedings, disciplinary proceedings or other management measures; 3) provide with feedback; 4) prevent malpractice and misconduct; 5) set, monitor and enforce policing standards with the Security Sector aganecies and other bodies; 6) learn lessons about policy and practice. Stages: 1) Recording of complains; 2) Following up on complains; 3) Informing the complainant of the progress and outcome
Effective Public Security Complaints System: After an complaint has been investigated, there might be: 1)no further action; 2)disciplinary proceedings; 3)criminal proceedings; 4)Security Sector management action; or 5)change in Security Sector practices.
General Public Complaints Procedure • Definition of Administrative Action: Any Administrative Order and/or Direction related to a concrete or abstract Public Security Sector subject matter addressed either to an individual person or a group of individual persons with an external effect to their assigned constitutional rights. • Each Administrative Action shall always be subject to a Public Complaints Procedure.
General Public Complaints Procedure Individual Person 1) Administrative Action Security Sector 1) Administrative Action police Sector police Sector affected by the Organization Organization Organization Administrative Action 2) Public Complaint Individual Person 2) Public Complaint affected by the Security Sector Administrative Action police Sector police Sector Organization revokes or Organization revokes or Organization revokes or 3) Confirms Administrative Action 3) Confirms Administrative Action confirms the confirms the confirms the 4) Administrative Administrative Action Administrative Action Administrative Action 4) Administrative (Court) Court Procedure Procedure Administrative Court Administrative Court
Part II Case Studies (interactive): 1.) Burning House with an ongoing Emergency Response Operation • Danger or threat for Public Security and Public Order • Preventive Actions/Repressive Action? • Criteria – Legitimacy, Accountability, Efficiency, Transparency • Complaint Process
2.) Peaceful Assembly • Required Administrative Actions • Public Security and Public Order • Legitimacy of Administrative Actions • Accountability-who-competent authority? • Efficiency-Appropriate decisions? Are the administrative actions sufficient to maintain Public Security and Public Order • Transparency • Complaint Procedure- suspensive effect of a complaint against an administrative action?
3.) Use of Lethal Force • Preventive/Repressive (court decision) Action? • Legitimacy? • Accountability? • Effectiveness-Appropriate Action? • Transparency- Role of Prosecution-Internal Oversight and other aspects
Thanks for your patience! Open discussion 17
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