Information about the need for special procedures for investigating alleged misconduct by persons serving with the police and prosecuting authorities.
By virtue of its duties, the Police have a variety of instruments of power. Without adequate control of the use of these instruments of power, the right to use force could become a threat to legal protection and democracy. Most western States today have special procedures for investigating incidents involving members of the police and prosecuting services.
When the police are accused of criminal acts or someone dies or is seriously injured as a result of the police or prosecuting authorities exercising their official duties, or someone dies or is seriously injured while in police custody, it is necessary to safeguard:
- the right for involved persons to be heard
- public confidence in the procedures conserning such situations
- national stability
- fundamental rights for citizens and police officers involved
In a number of judgments, the European Court of Human Rights has stated that when individuals die as a result of the exercising of official duties (read: the Police’s) – there is a social requirement for investigation:
- mandatory
- independent
- effective, transparent and adequat prompt
- transparency for next of kin and the public
Propositin no. 96 (2002 – 2003) to the Odelsting on amendments to the Criminal Procedure Act (establishment of a special investigative body for the police and prosecuting authorities) states that the Norwegian Bureau shall ensure:
- legal protection and equal treatment for a person reporting police officers
- legal protection and equal treatment for members of the police and prosecuting service beeing reported
independence
- public trust
- wider public access and better information
- professional investigative competence
The main tasks of the Norwegian Bureau is to investigate and decide whether or not to prosecute cases concering suspicion of criminal acts commited by employees in the police force and prosecuting authority.
This can apply but is not limited to offences such as:
Violations of special provisions related to the exercising of authority – unlawful use of force, misuse of position, serious misconduct in the service – as well as more general criminal offences such as theft, fraud, corruption, sexual offences, traffic violations, etc.
Even though there is no reason to suspect a criminal offence, an investigation shall be implemented if someone dies or might have been seriously injured as a result of the police or prosecuting services exercising their authority, or if someone dies or is seriously injured during arrest or while being held in custody.
Cases with the highest priority are:
- Incidents where someone is seriously injured or dies as a result of the police or prosecuting autority exercisyng their duty.
- Cases that involve allegations of excessive use of force.
- Cases that involve a person or persons serving in the police having an unlawful cooperation/relationship with criminals.