Police and Human Rights crawshaw_i-iv.indd i 3/12/2009 5:34:30 PM crawshaw_i-iv.indd ii 3/12/2009 5:34:31 PM Police and Human Rights A Manual for Teachers and Resource Persons and for Participants in Human Rights Programmes Second Revised Edition by Ralph Crawshaw LEIDEN • BOSTON 2009 crawshaw_i-iv.indd iii 3/12/2009 5:34:31 PM This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication Data Crawshaw, Ralph. Police and human rights : a manual for teachers and resource persons and for participants in human rights programmes / by Ralph Crawshaw. — 2nd rev. ed. p. cm. Includes bibliographical references. ISBN 978-90-04-16357-7 (pbk. : alk. paper) 1. Human rights. 2. Law enforcement. 3. Police power. 4. Police—Handbooks, manuals, etc. I. Title. K3240.C75 2009 363.2’3—dc22 2009010113 ISSN 0925-7683 ISBN 978 90 04 163577 7 Copyright 2009 by Koninklijke Brill NV, Leiden, The Netherlands. 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PRINTED IN THE NETHERLANDS crawshaw_i-iv.indd iv 3/12/2009 5:34:31 PM T A B L E O F C O N T E N T S Foreword vii Acknowledgements ix Introduction and Guide to the Manual 1 Part one The Context 13 Chapter 1 The Professional Context 15 Section a Exercise ’Challenges and Professionalism’ 15 Section b The Professional Ethics of Policing 19 Chapter 2 The International Context 33 Section a The Nature of Human Rights and Why They Are Protected under International Law 33 Section b Human Rights Treaties and other Instruments 41 Section c Supervision and Enforcement 61 Part two The Standards 75 Chapter 1 Respect For Human Rights: Police Powers 77 Section a The Right to Life and the Power to Use Force 77 Section b The Right to Liberty and Security of Person and the Powers to Arrest and Detain 93 Section c The Treatment of Detainees 109 Section d The Right to Private and Family Life and the Powers of Search and Surveillance 131 Chapter 2 Protection of Human Rights: Police Functions 139 Section a The Protection of Human Rights and the Prevention of Discrimination 139 Section b The Protection of Rights to Democratic Freedoms 155 Section c The Right to a Fair Trial and the Investigation of Crime 173 T A B L E O F C O N T E N T S Chapter 3 Police Behaviour in Situations of Armed Confict, Internal Disturbance and Tension, and Emergency and Disaster 199 Section a Policing in Situations of Armed Confict 199 Section b Policing in Situations of Internal Disturbance and Tension 221 Section c Policing in Situations of Emergency and Disaster 241 Chapter 4 Realisation of Human Rights Through Leadership and Enlightenment 257 Section a Realisation of Human Rights by Police Leaders 257 Section b Enlightenment by Police Teachers and Trainers 277 Part three Workshops 287 Chapter 1 Police Leaders 289 Section a Workshop for Police Leaders – Action, Needs and Recommendations 289 Section b Workshop for Police Leaders – Strategic Review of Human Rights Policies and Practices 291 Chapter 2 Teachers and Trainers 295 Section a Workshop for Teachers and Trainers – Production of a Teaching Manual 295 Section b Workshop for Teachers and Trainers – Production of Teaching Notes 299 Section c Workshop for Teachers and Trainers – Production of Case Studies or Discussion topics 301 Part four Appendices 303 Appendix 1 Draft Basic Five Day Human Rights Programme for Police 305 Appendix 2 Recommended Reading and Sources 311 Appendix 3 Recommended Cases 315 v i F O R E W O R D This publication is a human rights teaching manual for teachers and resource persons who are profcient in the craft and profession of policing as practitioners, or learned in that feld as educators or academics. It is also a reference manual for police ofcials participating in programmes based on the man- ual, and a continuing source of reference for them when they have completed a programme. The teaching manual has been prepared for use as a valuable resource in an educational proc- ess which should enable and require police ofcials to consider how they are to carry out their functions in an efective, lawful and humane manner. Programmes on which the manual is used should be based on the following principles: • In democratic societies where the rule of law prevails, policing can be efective only with the consent and co-operation of the community. • The consent and co-operation of the community is forthcoming only when policing is carried out efectively, lawfully and humanely, and with full respect for human rights. • It is indefensible for police ofcials to break the law, including law to protect human rights, when seeking to enforce law. Policing is one of the means by and through which governments either meet, or fail to meet, their obligations under international law to protect the human rights of people within the jurisdiction of states they govern. This manual is ofered as a contribution towards the realisable ideal of securing protection and promotion of human rights by and through policing. The author of this teaching manual, Ralph Crawshaw, has delivered human rights programmes for police on behalf of the Raoul Wallenberg Institute in a number of countries. He is a former senior police ofcer, and is currently a Fellow of the Human Rights Centre at the University of Essex in England. Leif Holmstrom A C K N O W L E D G E M E N T S Whilst this teaching manual is based on the international standards for the protection of human rights, the form it has taken and the approach to human rights teaching it encourages, have been developed through the delivery of human rights programmes for police in many countries. For this reason it is important to acknowledge the con- tribution that police ofcials participating in such programmes have made to the pro- duction of this manual. Ralph Crawshaw Human Rights Centre University of Essex