On Friday, December 3, the Defender of Rights organised the 7^th seminar of the IPCAN network (Independent Police Complaints’ Authority Network), entitled “External and independent mechanisms of monitoring of police: functioning, interactions, and effectiveness”.

While research tends to confirm a correlation between the existence of reliable control of law enforcement and the confidence of the public in its police[1], data from European surveys conducted by the European Social Survey and the European Union Agency for Fundamental Rights show that citizens have mixed opinions about police practices[2]. Strong disparities are observed, on the one hand between European countries, but also according to groups and different categories of police missions[3].

In the context of a demand for greater accountability of police forces, external and independent oversight bodies play an essential role in the “ecosystem” of police control mechanisms (hierarchy, internal inspections, parliament, courts, civil society, etc.). However, today, these bodies – mostly members of IPCAN – present a great diversity of statutes, powers and positioning in the institutional landscape of law enforcement oversight.

This seminar aimed to present, from an operational perspective, some of the existing bodies among the great diversity of external control mechanisms in Europe. The study of several concrete examples, both by members of the IPCAN network, but also by other actors involved in police oversight and police representatives themselves, representatives of civil society and researchers, highlighted the way these mechanisms interact, on the one hand, with other institutions such as the Parliament, the government, the judiciary, and, on the other hand, with other oversight bodies such as internal oversight services, inspection bodies, sanctioning bodies, but also with civil society.

The first results of a study financed by the Defender of Rights entitled “Police oversight in EU democracies: a comparative approach” were also presented at this seminar.

The seminar was structured around three themes: the positioning of external control bodies in the national monitoring context; the question of independence and impartiality of such bodies; and finally, how to deal with the question of the effectiveness of such bodies.

This seminar has initiated a first cycle of reflections on the subject within the IPCAN network which will continue its exchanges on the issue of the control of security forces in 2022.

The summary of the seminar is available below.Synthesis 7th IPCAN seminar

[1] Phillips E., Trone J., “Building Public Confidence in Police Through Civilian Oversight”, Vera Institute of Justice, Septembre 2002; Goldsmith A., “Police reform and the problem of trust”, Theoretical Criminology, Vol. 9, n°4, p. 461.

[2] https://fra.europa.eu/en/publication/2021/fundamental-rights-survey-police-stops; https://fra.europa.eu/sites/default/files/fra_ uploads/1132-EU-MIDIS-police_FR.pdf ; https://fra.europa.eu/sites/default/files/ fra_uploads/fra-2018-preventing-unlawfulprofiling-guide_fr.pdf ; https://fra.europa.eu/en/publication/2021/hate-crime-reporting#TabPubOverview0 ; https://fra.europa.eu/en/publication/2018/being-black-eu.

[3] Ibid.

Following the IPCAN (Independent Police Complaints Authorities’ Network) seminar organized by the Defender of Rights and the FRA (European Union Agency for Fundamental Rights) last autumn, We publish today the report of two days of exchanges on police-population relations and challenges. The document summarizes the latest research, studies and many examples of national practices, and synthesizes the views of more than a hundred practitioners from Europe. This publication is complemented by a joint statement from several members of the IPCAN network calling for the implementation of around twenty recommendations to improve police-population relations.

Organised on 17 and 18 October 2019, the 5th IPCAN seminar entitled “Police-Population Relations: Challenges and Practices” was held in Paris in the participation of representatives of police forces, public authorities, external law enforcement agencies, lawyers, victim support services, researchers, as well as representatives of international organisations and European Union institutions. Bringing together 150 experts over two days, the aim of the meeting was to analyse the interactions between the police and the population, the situations that can lead to tensions, and the actions implemented to strengthen relations between the police and the population.

The plenary sessions and round tables focused on three themes:

• Discrimination and profiling, in particular during identity checks
• Management of public demonstration
• Reception and protection of victims, particularly vulnerable groups

A summary document of the exchanges has been published today. The different stakeholders are invited to consider these exchanges in order to understand the issues at stake in a complex subject that necessarily calls for deep and multipartite reflection.

The research mentioned in particular by Sébastien Roché, a professor at the CNRS, insisted on the notion of legitimacy of the police: “why do people obey the police?” and identified four pillars:

• the integrity of the police
• equal treatment of citizens before the police
• minimizing the amount of violence used during police actions
• the quality of police service.

Empowering police officers to explain why they do what they do and to answer questions from the public was identified as one of the main methods of improving the legitimacy of the police, which, as several speakers pointed out, states have limited measures of public satisfaction with. “How can we build a legitimate police system if the objective is not to increase satisfaction? “asks the professor in the first parts of the document.

The Paris Declaration

Made public today, Friday 5 June, the Paris Declaration, common to eleven members of the IPCAN network and resulting from the work carried out in the autumn, recommends around twenty actions to be implemented in terms of police checks, management of demonstrations and reception of the public, in order to improve relations between the police and the population.

Télécharger le discours de Michael O’Flaherty, directeur de l’Agence des droits fondamentaux de l’Union européenne.

Compte-rendu du séminaire 17 et 18 octobre 2019 sur les relations police population VERSION ANGLAISE

IPCAN Paris Declaration

Opening speech by the defender of rights VERSION ANGLAISE

On 17 and 18 October 2019, the Human Rights Defender and the European Union Agency for Fundamental Rights (FRA) are co-organising the 5th seminar of the IPCAN network in Paris.
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Recent survey findings^[1] including those of the European Union Agency for Fundamental Rights (FRA)^[2] highlight that a majority of respondents show a high level of trust of the population towards the police in the EU. However, the level of trust varies from one country to another. The level of trust tends to be lower among those who have experienced misconduct, discrimination, or violence.
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The Independent Police Complaints Authorities’ Network^[3] (IPCAN), composed of external police oversight bodies, receives complaints on police conduct concerning discrimination or disproportionate use of force. The network also receives complaints from victims and vulnerable groups who face obstacles in reporting to the police.
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Whereas profiling can be a  tool for law enforcement to prevent, investigate and prosecute crimes, discriminatory profiling is unlawful and undermines trust in the authorities, stigmatises some communities and more broadly, affects their sense of belonging to the country.
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In addition, new risks for unlawful profiling arise with the use of recent technological developments. Computer-run crime investigation programmes or facial recognition tools that process data may interfere with both the principle of non-discrimination and data protection laws.
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Entitled “Police-Population Relations: Issues and Practices”, the 5th seminar of the IPCAN network is organised by the Defender  of Rights and the FRA.
The seminar aims to analyse the different forms of interaction between police and population and situations that can lead to tensions.

Through round tables and plenary sessions, the seminar will focus on three themes:
• discrimination, in particular during identity checks;
• the management of public events;
• the reception and protection of victims and vulnerable groups.
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It will be an opportunity to explore the concrete challenges facing law enforcement and identify ways to overcome them based on experiments and training that have proven successful.
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The event will bring together around 150 practitioners with hands-on expertise such as police forces, public authorities, complaints bodies, legal professionals, victim support services, civil society, academics and other experts, as well as representatives of international organisations and EU institutions.
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See below:
The Programme of the seminar
The presentation of speakers
The presentation of the network

(1)In France, the Defender of Rights’ study on Access to rights “Relations police/population: the identity controls” indicates that 82% of the majority of the population trust the police. Survey 2016, Defender of Rights, https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/rapport-enquete_relations_police_population-20170111_1.pdf
[2] Second European Union Minorities and Discrimination Survey – Main results report (p.69), EU Agency for Fundamental Rights, https://fra.europa.eu/en/publication/2017/eumidis-ii-main-results.

Ressources

GENERAL DOCUMENTATION ON POLICE POPULATION RELATIONS
• European Union Agency for Fundamental Rights (FRA) :  Second European Union Minorities and Discrimination Survey – Main results report (p.69) (2017)
• EFUS : Police-population relations: challenges, local practices and recommendations (2016)
• European Social Survey : Topline Results from Round 5 of the European Social Survey (2011)

DISCRIMINATORY POLICE PRACTICES AND UNLAWFUL PROFILING
• The French Defender of Rights : “Relations between Police and the population : a survey on identity checks” (in French) (2017) ; read the press release in english here.
• European Union Agency for Fundamental Rights (FRA) : Towards More Effective Policing, Understanding and preventing discriminatory ethnic profiling: A guide (2010)
• Equinet : Equality bodies countering ethnic profiling (Factsheet and compendium of good practices) (2019)

MANAGEMENT OF PUBLIC DEMONSTRATIONS
• The French Defender of Rights : Rapport “Le maintien de l’ordre au regard des règles de déontologie” (2018)
• Projet GODIAC : Recommendations for policing political manifestations in Europe (2013) and full report.
• OSCE, ODHIR : Human rights handbook on policing assemblies (2016)
• Amnesty International : Policing Assemblies (2013)

VICTIMS AND VULNERABLE GROUPS
• Directive 2012/29/EU of the European Parliament and the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime
• Victim Support Europe : “VOCIARE Project : Victims of Crime, Implementation of rights in Europe – SYNTHESIS” (2019)
• Victim Support Europe : “VOCIARE Project”, all country reports (2019)
• European union Agency for fundamental rights : Compendium of practices on hate crimes
• European union Agency for fundamental rights : EU-MIDIS Data in Focus Report 6: Minorities as Victims of Crime (2012)
• ENAR : Justice gap: racism pervasive in criminal justice systems across Europe (2019)

Friday 14 December 2018, the Defender of Rights hosted in Paris the fourth seminar of the Independent Police Complaints Authorities’ Network (IPCAN) that deals with the “police conduct of law enforcement services in their relationships with migrants in Europe”.
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Participants to the seminar exchanged and debated over topics such as the conditions of identity checks of foreigners; interventions of law enforcement forces in humanitarian premises; camps and administrative detention centers; access of exiles to translators, lawyers and health services; or the terms of deportations.
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You can read in the Synthesis of the seminar all interventions from IPCAN members, the Council of Europe, the European Union Agency for Fundamental Rights, and other structures (notably with the participation of Myria, Federal migration Center (Belgium) or of the General Controller of Places of Deprivation of Liberty (NMP, France)).

SYNTHESIS OF THE 4TH IPCAN’S SEMINAR

Exiles and fundamental rights, three years after the Calais report- Défenseur des Droits

Exiles and fundamental rights, three years after the Calais report- Défenseur des Droits

Exiles and fundamental rights, three years after the Calais report- Défenseur des Droits

Friday 14 December, at the Defender of Rights’ headquarters, Jacques Toubon opens the fourth seminar of the Independent Police Complaints Authorities’ Network (IPCAN) that deals with the “police conduct of law enforcement services in their relationships with migrants in Europe”.

The European Union has focused on security policies and on the strengthening of its external borders[1], at the expense of the establishment, in member-states, of asylum and hospitality policies respectful of human rights and consistent with treaties and conventions ratified by states. This positioning increases the role of law enforcement services in the establishment of asylum and immigration policies, at the European and national levels.

However, law enforcement services undergo important pressures because of a decrease in their financial and human means but also because of a performance obligation bearing on them, in terms of police stop of people in an irregular situation and of deportations. It seems that this occurs without a systematical training of police forces to the protection of rights.

Participants to the seminar will exchange and debate over topics such as the conditions of identity checks of foreigners; interventions of law enforcement forces in humanitarian premises; camps and administrative detention centers; access of exiles to translators, lawyers and health services; or the terms of deportations.

In that respect, the seminar will be divided into three sessions:

• Police conduct of law enforcement services regarding migrants present on the national territory
• Police conduct of law enforcement services and administrative detention
• Police conduct of law enforcement services and returning procedures

Each topic is punctuated with interventions of National institutions members of the IPCAN network but also of other structures (notably with the participation of Myria, Federal migration Center (Belgium) or of the General Controller of Places of Deprivation of Liberty (NMP, France)).

The Council of Europe, the European Union Agency for Fundamental Rights and representatives of United Nations will also present their work on these topics, while the Defender of Rights will introduce his report entitled “ Exiles and fundamental rights, three years after the Calais report”, which draws conclusions on the treatment of exiles in Calais and the camps of Grande-Synthe, Ouistreham and Paris, and accordingly addresses recommendations to public authorities.

[1] On 28 June, on the occasion of a European summit in Brussels, the European Council has chosen to give priority to “effective control of external borders of the EU”, to “the sensitive acceleration of returns of migrants in an irregular situation”, to the pursuit of the establishment of “regional platforms of landings”, to “controlled centers” and to the strengthening of Frontex’s means, the European Agency for the management of the operational cooperation on external borders.

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