The study examines the possibilities and limitations of testing the integrity of police officers in Serbia. Integrity test is a new anti-corruption measure envisaged by the 2016 Law on Police in order to reduce corruption within police.
In front of you is a study of the integrity test – an anti-corruption measure regularly used in police forces that have problems with either corruption or a large number of citizens’ complaints concerning police work. Integrity tests are most often carried out to identify police officers who are prone to corrupt practices, to initiate disciplinary proceedings, to gather evidence for the prosecutor’s office, and to identify police officers that are trustworthy, incorruptible, and deserving of a promotion. The objective is to reduce corruption in the police.
The study comprises three sections. At the beginning there is an explanation of the concept of the integrity test, why it is conducted, what its existing forms are, and finally, which preconditions must be met in order to prevent human rights violations and the abuse of the testing in practice.
Based on a legal analysis, the main part of the study examines the possibilities and limitations of testing the integrity of police officers in Serbia. The Article of the Law on Police that introduced the institution of the integrity test is analysed first. Then, the answer is provided to the question to what extent the integrity test complies with the international standards of fight against corruption, the Constitution of the Republic of Serbia, and the law governing criminal procedure. The capacity of the Internal Affairs Sector (IAS) to implement the above testing is examined at the end.
The conclusion of the study shows the legal frameworks used for the application of the integrity test in various police forces in the world. Attention was given to equitable representation of the Anglo-Saxon legal system and the European law. Therefore, the study offers information on how the integrity test is initiated, implemented, supervised and controlled in Australia, the Czech Republic, Romania, but also in the London and New York police forces – those with most experience with such testing.
The study was based on the analysis of the content of legal acts, strategic documents, academic and media articles, as well as reports of various bodies in charge of overseeing the work of the police.
This publication was produced per request and for the needs of the Ombudsman within the framework of the project “Strengthening the Capacities of the Ombudsman, supported by the British Embassy to the Republic of Serbia. The views and opinions presented in this publication are those of the authors and do not necessarily represent the views of the Ombudsman or the British Embassy in Belgrade. With the approval of the Ombudsman, this publication was translated and printed by the BCSP with the EU support within the framework of the project Western Balkans Pulse for Police Integrity and Trust. The views and opinions presented in this publication do not represent the views of the European Union.