Dmytro Yagunov: Police Training and the European Human Rights Standards

The CPT standards on prevention of ill-treatment in policing are strictly linked to the issue of police trainings. Every national report made by the CPT on torture prevention in policing contains recommendations to improve the system of police trainings with the aim to exclude excessive use of force by the police and to avoid unnecessary confrontation between citizens and police officers in everyday policing.

In its 12th General Report published in 2002 (Developments concerning CPT standards in respect of police custody), the CPT directly focuses on the issue of training of police officers (§34, §49).

In its 20th General Report published in 2010 (Electrical discharge weapons), the CPT focuses again on the issues of training of police officers (§65, §78, §79).

In its 28th General Report published in 2019 (Preventing police torture and other forms of ill-treatment – reflections on good practices and emerging approaches), the CPT focuses that professional policing goes hand-in-hand with adequate training on the use of force in compliance with the principles of lawfulness, necessity and proportionality. Training should also provide opportunities to acquire appropriate investigative skills, taking due account of the age, gender, state of health, any disability or any other circumstances which may render certain persons under investigation particularly vulnerable. Moreover, no significant change can be expected without strong police leadership and management, which scrupulously supervise the observance of procedural safeguards and convey firm and unambiguous messages of zero tolerance of police ill-treatment (§71).

The CPT finds it positive that the police services cooperate with universities, and academic courses provided by universities form part of the syllabus for university training programmes for police officers (§76).

Considering that the Project is focused on training of police officers in procedural justice skills and de-escalation techniques, it should also be mentioned that the CPT encourages police practices which avoid common pitfalls associated with relying on preconceived conclusions. The CPT recommends the police services go outside ‘tunnel vision’ or ‘confirmation bias’ (§76). Further, the development of adequate initial and ongoing professional training is key in the effective implementation of any such framework for police interviewing (§80). Therefore, such an approach goes in line with Project which is focused on dialogue between the police and citizens in contrast to any punitive approaches.

Moreover, the CPT makes a special focus that introducing designated custody officers could also strengthen the practical implementation of various procedural and other safeguards. The police officers with the powers of arrest should be trained properly to pose the appropriate questions and to recognise and record indicative signs of a person in need of particular support and care. This is clearly good practice (§85).

Many cases of the European Court of Human Rights focus attention on the need of the European states to improve national systems of training of police officers in the area of prevention of harm and de-escalation techniques (Saso Gorgiev v. the FYRM, §47; Krastanov v. Bulgaria, §53; Mikhalkova and Others v. Ukraine, §36; Guliani and Gaggio v. Italy [GC], § 249; McCann and Оthers v. the UK [GC], §150; Soare and Others v. Romania, §129; Armani Da Silva v. the UK [GC], §247; Andronicou and Constantinou v. Cyprus, §194; Gül v. Turkey, п.§84-86; Ergi v. Turkey, §72; Nachova and Others v. Bulgaria [GC], §§ 95, 102, 106-108; Celniku v. Greece; Saso Gorgiev v. the FYRM, §49; Emars v. Latvia, §87; Gorovenky and Bugara v. Ukraine, §31-39).

In Celniku v. Greece, the ECtHR stated that Article 2 of the Convention related not only to the direct actions of police officers or security forces, but also to the planning of an operation or even the training of the relevant law enforcement personnel, if it can be proven that the law enforcement officers did not receive adequate training or that the level of their training was not commensurate with the complexity of the tasks assigned to them. One of the possible reasons for the killing of the applicants’ relative was the lack of proper practical training of the police officers.

In Saso Gorgiev v. the FYRM (§51), Abdullah Yilmaz v. Turkey (§§56-57), and Enukidze and Girgvliani v. Georgia (§284), the ECtHR focused that States had to set high professional standards for their law enforcement systems and ensure that persons serving in such bodies meet the established requirements. In particular, when equipping police forces with firearms, care should be taken to provide appropriate special training for police officers.