In this article, we will try to establish a general framework of ethical principles that regulate police behavior, which is assigned with providing public security. First, there will be a conceptual introduction, then we will determine main features of policing and finally, we will try to establish ethical principles. In addition to these principles, we will give observed or probable examples.
Concept of Ethics and Development
Generally used in daily speech vocabulary as morals, "ethic” that derives from "ethos” and means "theory of morals”, "theoretical morality”, "character” in Greek, is a wide concept that refers to the good and the ideal (Pehlivan, 1998:7). Three different definitions given about ethics in Collins Cobuild. First, "idea or belief that influences style or life philosophy of someone or group of people”; second "Moral believes and rules about rights and wrongs”; and third "Moral principles someone believes to be what are right and wrong” (1990:480). Pehlivan defines the concept of ethics as "Branch of philosophy with theme of morals” (998:6).
If there is right and wrong, absolute right and absolute wrong, it is mental endeavor that investigates whether it is possible to reach them or not. Ethics is understanding, studying desired life, trying to determine what is possible or not, what can be wanted or not.
Morals include unwritten standards. They are plural of Arabic "hulk” and mean nature, temperament, character; morals cover moral rules that should be complied within inter individual relations; their sanction is prick of conscience (Koknel, 1996:81). Morals are more national for they can be related with traditional and cultural values. For example, complimenting sentence of "Your wife is very beautiful” may be appreciated in one culture as well as can be responded with a huge punch in other culture. Morals are often in a way of unwritten rules and change by the time. Also morals regulate daily life of an individual.
Ethics involve more abstract concepts and their definitions. They are more universal and do not change. Morals do not involve discussion, but ethics do. For example, an American company cares about pollution of environment in its country but not in other countries.
Profession can be defined as permanent job against certain wage to provide living. F›nd›kl› defines it as "institutionalised forms of activity” (2000:2).
From these short definitions we can derive features such as professional regularity, direction to provide living, based on knowledge and skills, professional ways of behavior that are to keep over personal aims, existence of principles and moral rules and discipline requirement etc. (Findikli, 2000:3)
Here we also have to formulate a concept of "professional ethics”. Pehlivan defines professional ethics as: "The totality of professional principles that established and protected in relation with profession by group of certain profession, and that orders to members of profession, forces them to behave in determined manners, restricts personal tendency, dismisses insufficient and unprincipled members, regulates internal professional competition and aims protecting ideals of service” (1985:5).
According to what was mentioned above there should be:
- established totality of principles;
- members of profession behave in determined manners (of course this manner should be in good and right way);
- restriction of negative personal tendency;
- dismissal of those members whose behaviors do not comply with principles (cleaning up from spoiled apples);
- determined rules of internal professional competition;
- protected service ideals established in positive direction.
Each institution constitutes its own ethical values. The organization of "Ahilik" in our history, used to dismiss those who would not conform to ethical values. Doctors once have been made Hippocratic oath, catching wounded terrorist, cures him despite he had murdered their friend. Press also has its professional principles.
We see three sources behind ethical values. They are religion (God), society and human (personal conscience). People determine ethical values basing them on these or some of these sources.
After the conceptual introduction, we will consider shortly the characteristics of policing profession and then study ethical values.
Police, with its wide or narrow field of activity and ways of behavior considerably contribute to political system that enforced within country, is expected to be within boundaries of law in democratic societies and in service of civil authority. Following features of policing are in general form, but can be valid in terms of policing in all countries (F›nd›kl›, 2000:5-9):
1) First of all, policing is the profession of civilisation. Police come out of needs of providing and maintaining internal peace, security and public order of society, after a long period when people as societal living creature through various phases discover organisation of state.
2) Policing is a profession of security: maintaining public security is the most fundamental and first task of police. Security and reliability is a concept with two dimensions and includes providing public security, and on the other hand, performing this task with reliability of society.
3) Policing is a profession that includes using force and statutory: Indeed, in providing public order and peace, intervening to societal incidents policing has different means of using force from searching, questioning, enforcing punishment (administrative), prohibiting from performing job and art to using weapons. Of course, in these situations police should remain within lines of law. In this connection, in terms of Administration Law, the most of police competence are bound competence. Actually in every competence there permitted some evaluation and discretion, but police discretion is considerably limited. For instance, police prevent unlawful gathering or demonstration march and intervene to this event. The event can be based on right reason. In this connection police are statutory. Even the event is in right way according to subjective evaluation, but illegal in relation with currently existent law, police have to enforce the requirements of law.
Besides mentioned features there may be stated the other characteristics of policing:
4) specialization,
5) detection,
6) discipline,
7) career,
8) accusation and claim and finally
9) responsibility.
Now, after short consideration on these features, we can evaluate professional ethical rules (Pehlivan, p.57-58).
Professional Ethical Principles of Police
Justice, equality, honesty and straightness: this principle as a fundamental of property and administration is prior to everything. This principle in providing equal rights and responsibilities to everyone, requires equality among equals, difference between different, but to extent of their difference. Otherwise, mathematical equality in absolute meaning can sometimes cause cruelty. Justice is a concept with two dimensions: distributing and smoothing. Distributive justice means entitling rights to their owners whereas smoothing justice means putting unjust events in order, compensation of harm (Ba?aran. 1985:105-106). Acting in the light of these principles is very important in both their own respect and public order terms, for police, which uses authority of a state. In this connection, we can give a fresh example: "a businessman, in order to attain the dinner by chief of police, where he was invited, drives to reverse direction way. Traffic police stopping him wants to draw the to car park. Despite the businessman calls the chief of police and wants to have talk him to police officer, the latter does not talk and makes legal procedures. Consequently, the chief of police invites the police officer and submit his thanks and appreciation". In this event the behaviors of both the chief of police and the police officer are appreciable. As in this event, superiors’ attitudes are important as well as police officers. Perhaps, not all police officers are so courageous, but in the light of such attitudes of superiors, officers will not be worried in performing job in accordance with principles of justice and equality.
These principles also involve no discrimination between personnel and served people, equal treatment of them, feeling responsibility and respect people. Justice should be among both personnel and those who benefit from service. For example, for high ranks, early retirement, no promotion, transfers, calling to center; and for low levels heavy punishment, for instance, dismissing from the profession are not right in terms of ethical values.
Priority of law and impartiality: these principles are closely related with previous ones and complete them. In performing his/her job, no matter whom he/she treat and what thought and characteristics they own, police officer should act impartially and in accordance with law provisions. Even if police officers are affected, this affection should be directed towards rights and law. Law provisions should enforced to al people in same way. They must not changeable according to personalities. Shortly, police have to comply with law and enforce law impartially.
No cover of crime, no ignorance of crime and criminals should be evaluated as activities of police in order to ensure priority of law . There can not be discriminations of crimes such as white collar crimes, crime of influential ones. The subject of justice of law in these situation is a separate discussion issue. They are people with home who prohibited sleeping under bridges. It is a generally accepted view in the academic world that crimes determined by law benefit to high ranked people.
Responsibility and affection to profession: policing is a profession that requires heavy responsibility. For these reason, in certain situations there required personal sacrificing. It is only possible through loving profession and becoming attached to it. Responsibility means accountability to superiors and on the other hand responsibility for undertaking job or task. Being responsible requires responsibility for subordinates and tasks, being accountable, being accounted to law, superiors, society and God for those who believe in God. Responsibility also involves merit principle.
Loving the profession and colleagues also can be considered within affection to profession. It is compassion that makes profession valuable. Line of A?›k Veysel "Your beauty is no worth without my love” implies that people, events, professions are meaningful with love. There can be compared in term of profession situations, where smiling garbage collector with walkman in England, and his colleague in Turkey that picking rough garbage up tries to escape early; or nurse in England loving each child and her colleague in Turkey shouting to pregnant women "what do you do with so many children?!”
It is a requirement of responsibility to keep professional secrets confidential. Every profession has its certain secrecy. For instance, making public the private information by consultant1, publication of patients’ life by psychologist doctor are issues that can be criticised in terms of ethics. Intelligence, operation, working method, weapon and ammunition state are among the information to be kept secret.
Police officer should keep away from words, behaviors and dressing that humiliate the profession. Even though exceptional behavior, some of them, the philosophy of police who do not pay everything (free restaurant, café, bus etc and accepting the identity card as free living card) are the behaviors that humiliate police.
Personal problems should not be carried to profession, professional and social life should not be mixed up.
Use of state instruments and devices (bureau materials/cars) should be also in the frame of responsibility. The use of state property for personal aims in irresponsible way is not right from the ethical point of view.
Democracy, human rights and tolerance: Democracy as a method of administration that values people, encourages developing of personality, today is the much wider concept than what it means in dictionary. Now each positive meaning is devoted to it and supposed to be within it. Human rights, tolerance, pluralism, respect to thought etc, all these issues are perceived as requirements of democracy.
Respect to secrecy of private life is required by human rights and democracy. Intervention of people’s private life is a legal crime at the same time. For example, wire-tapping, blackmail people by gathering information about job and families, and so that get promotion and/or have material interest are negative behaviors in terms of public health, public peace and confidence to state. Police have to respect to life, human rights and human honor. Providing spiritual and physical health of personnel, life safety during and after task should be considered within this framework. Providing sufficient life standard to personnel and their families also should be task of management.
To secrecy of private life particularly should be paid attention in relation with media. Media should not be permitted close to operations, and live broadcasting (Göksu, 2000). In the USA it was not possible to shot video from the World Trade Center in September 11, 2001. Since police prevented TV channels against possibility of negative specters having been taken. Also in connection with that event, girlfriend of the person that was supposed to be close to Osama Bin Laden, having been taken into car by police, was surrounded by cotton material, which could be considered for requirement of police-questioning ethics. In Üzeir Garih event in our country August 2001, as a result of leaking the boy named Fuat to media by police, the boy and his family had serious trouble. Also the girls questioned as supposed to be crime-companions (!) of Yener Yermez, had similar problems. These events are embarrassing in terms of police ethics as well as sensitivity during the process detection and questioning of marketing orphant pornographic through internet by a teacher from Bursa and Gaziantep was honorable. In case of institutionalising the latter event we can look at the future of Turkish police with confidence. Certain points should be paid attention in media relation. These are:
- Giving information from one source,
- Giving information only after confirmation,
- Not giving information that can break human rights,
- Not giving information that can influence process of judgment,
Not to perform unlawful order: it is a general liability for all public servants. As police practice is closely related with human rights this principle is more important for police. In police where superior-subordinate relations are clearly determined, it may be more difficult to practice this principle than in civil bureaucracies, but to same extent it will be honorable behavior. This principle is given attention in related regulations as well as in Constitution. According to article 137 of the Constitution, public officer shall not perform the order taken from superior, if he/she find this order contrary to law and/or constitution.
However, in case of written order by superior it will be performed. Public officer shall not be responsible in this case. If order contains crime element this shall not be performed in any way. Similar provision stated in article 11 DMK 657 (State Officers Code). Also the same provision repeated in article 2/3 of PVSK 2559.
Personnel have to inform superiors (effective and competent) about interest oriented relations, abuses, insufficiency and detects, so provide correction of mistakes.
Ability of establishing empathic relations: Actually we are not foreigners about this concept, which frequently being used recently, in terms of cultural background and values. Proverb "Dip the needle to yourself and than bigger one to others" shortly summarizes the meaning of empathy which contain: looking to case from others’ point of view, understanding properly the others’ feelings and opinions and transmitting the situation to others. Empathic behaviour of police can ease the solution of problems in the beginning stage. Daily normal works for police can be met by citizens in the first time. It may cause to worry of citizen. Good communication and supportive manners established by police relax citizens so that problems can be solved in harmony and cooperation (EGM,2001, 193-194).
Pehlivan, citing Lamberton and Minor, states following questions to be asked managers themselves in order to test whether made decision is right or not in terms of ethics, in their decision making process (pp.41-42): "Is it right? Is it just? Who will be that if someone would be harmed? Will I feel myself comfort, if this decision would be edited in first page of newspapers? Would I tell this to my family, son/daughter or relatives? What event smells?" If these questions do not make managers anxious, they can comfortably take the decision.
Paying labor: labor is a concept that implies to mental and physical power which used in order to create a work or achieve an aim. People should be given due according to outcome value that come out as a result of spent labor. Not giving due to labor diminishes motivation of employee as well as will be break of human rights in the meaning of disrespectfulness. There should be positive discrimination between who work and who do not. Also overtime works should be given due.
The European Council commission of police ethics focuses on requirement of practicing philosophy of giving due to labor and equal wage to equal labor. There should not be discrimination if the same work is performed by female-male, clerk-worker. Also in the same way working hours should be arranged. The commission states that working hours should not exceed 60 hours a week, and overtime works should be paid (The European Council, 1999). In addition to this, we can state a practice of arbitrary "second order" which used sometimes in our organization.
Principle of secularism: Secularism means that religious and state affairs should be separate. Principle of secularism implies to that faith should not be carried to job, should not be used as pressure element. It also means that to faith and opinions should not be interfered, religious and conscience freedom should be guaranteed. People can think what they want, believe to faith they want, nobody can be claimed or criticised for religion and opinion, they can not be oppressed to express their religion and opinion if they do not want. State shall use sanction against people and agencies that break this freedom.
It is managers’ task to provide religion and conscience freedom for people and personnel. Police must deliver service in the same extent to all people from different religions and opinions.
Police should have general features that mentioned above shortly. Of course we can detail them. However, we remain in general and touch negative features that police should not carry. Here we will shortly consider the most important ones of them.
No bribery, embezzlement, corruption and other all types of misuse: These are unpleasant actions that naturally prohibited for every public officer. However, it is much more unpleasant for police, who are supposed to be reliable and confidential as a part of judicial process. Police no way should attempt and support these.
Having works done with bribes at least cause discrimination and injustice. "Soup money" (in traffic), "help!", "trunking", "present", "charity" all these are concepts various bribes and corruption in our language. Actually understanding as "lawful earnings", "to bring home lawful bread", "small orphans’ right" are phrases that consciously oppress these kinds of corruptions. Also there are reverse understanding such as "Only pigheaded does not take from the sea of state", "Who touches honey, that licks finger".
Discrimination: Police are expected to perform their job impartially, no way discriminate citizens, be away from favoring and privileged behaviors. Favoring can be met in fields such as being of the same city, circuiting, political opinion, gender, religion, race, ethnic root. They may happen in both hiring and during working stage.
Torture, violence and all other forms of ill-treatment: police are expected to be away from behaviors that oppress people in material and spiritual terms. In order to solve the problem, that make police to be in the most suspicious position, and demolish torture which is a crime of humanism; police should pay importance to ensuring activities to be as transparent as possible. Particularly, serious legal measures required besides training for undesirable events that can be seen in arresting process. In connection with this recently CMUK (Criminal Procedure Codex) and Constitution Amendments have stepped forward. For instance, according to law amendment2 No 4709, in 3.10.2001 of Constitution (articles 19/5 and 6), caught and arrested people shall be submitted under judge within 48 hours excepting time spent in way.
Misuse of competence: as we mentioned above, issue that prohibited to all public officers is prohibited to police above all. Since police competence are closely related with human rights. Being a police officer should obtain absolute reliability of society and avoid even the most little behaviors that can harm it. The smallest negligence by police or misuse their job and competence, to say, using excessive and arbitrary power may lead to results that cost human life, and this state police that supposed to be source of order may be converted to source of disorder. Consequently it may harm the confidence of citizen to state.
Police officer does not abuse job, does not take as a model the others’ abuse, does not say who cares, devotes himself to the job, does not neglect and slow down his/her tasks. Considering unimportant also can be evaluated as misuse of the job. Foreigners’ principle of working and enjoying times can be taken as a model. In our country people can not adjust their time to work and enjoy, so they delay each other.
Physical and sexual harassment are also among misuse of job and competence. According to Pehlivan’s definition, harassment "is unjust and malicious behaviors made to helpless one" (p.78). Those who are managers and have power should not misuse their subordinates by means of using their power.
Personal influence, use duty in personal aims, use influence in commerce, status (as retired generals present in boards of companies for their influence) are also issues that can be accepted within misuse of job and competence.
On the other hand, police should not apply the ways such as mistreating to those whom the service delivered, working only against money (as teacher does not teach student claiming that wage is not sufficient), slowing down service.
Misleading justice by producing/demolishing evidence are also misuse of competence. For example, giving all the traffic offense to that, who has an insurance. Police may be involved in misuse of their competence knowing or not knowing. For example, professional solidarity may lead to danger of band organization.
Of course, shortly mentioned above positive and negative ethical rules are not limited with them. As a matter of fact, in European Code of Police Ethics prepared by the Council of Europe we can read various principles gathered in sixty five articles, such as:
- legal establishment as a public agency;
- protection of particularly fundamental rights and liberties mentioned in the European Court of Human Rights;
- crime-preventing, crime-fighting, crime-detecting;
- help people and serve people;
- no control upon judging agency, avoid behaviors that harm independence and impartiality of judging agency, no undertaking judging task, no undertaking prison rule;
- being under responsibility of civil competences;
- easy recognizable;
- impartiality, responsibility and accountability, selection of candidates according to objective criteria (Cerrah and Eryilmaz, 2001:44-98).
Actually, human being naturally has a tendency to what is good and right. Under normal conditions person who has taken a good education, meets as good and right feelings and behaviors such as honesty, benevolency, fair; and as bad actions such as; theft, murder, forgery. Such values can be found almost in every society as generally accepted ethical values (Ayd›n and Aydin, 2000:16).
Conclusion
In this article, where we have tried to determine ethical principles for police, we considered the issue under titles of "Justice, equality, honesty and straightness”; "Priority of law and impartiality”; "Responsibility and affection to profession”; "Democracy, human rights and tolerance”; "Not perform unlawful order”; "Ability of establishing emphatic relations”; "Paying labor”; "Principle of secularism”; "No bribery, embezzlement, corruption and other all types of misuse”; "Discrimination”; "Torture, violence and all other forms of bad treatment”; "Misuse of competence”. We think, that for police performing the fundamental task of maintaining public order and security will be possible through practicing ethical values. In order to achieve this, first, high ranked superiors should practice and then spread it to medium and lower ranked colleagues. As subordinates imitate behaviors of superiors, behaviors of the latter are important.
References
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Turkut GÖKSU (MA and PhD) and Veysel K. BILGIC (MA and PhD), Turkish National Police Academy
This study is originally published in Ihsan Bal and M. bedri ERYILMAZ (eds.), ‘Police Professional Ethics’, (Ankara: Police Academy, 2002).
Remembering The Orly Attack
