Washington — Police officials are often the first contact
a person has with a country’s legal system. The American
Bar Association’s Rule of Law Initiative (ABA ROLI)
helps train law enforcement officials around the world so
that the first citizen-police encounter is a positive one.
ABA ROLI is a nonprofit program that implements legal reform
programs in more than 40 countries. It has more than 400
professional staff working in the United States and abroad,
including a cadre of short- and long-term expatriate volunteers
who, since the program’s inception in 2007, have contributed
more than $200 million in donated legal assistance.
ABA ROLI “fully recognizes the direct link between
democratization efforts and the ability of states to protect
[their] citizens and maintain order while protecting individual
liberties and civil and political rights,” said Mary
Greer, senior adviser to ABA ROLI’s Criminal Law Reform
Program.
“We work with training academies, whether they’re
prosecutors, police academies, or, to some extent, judicial
academies,” Greer said. “Often our work with
police is in the context of a changing criminal-procedure-code
environment,” she told America.gov.
Changing a country’s criminal procedures to conform
to international standards means a shift in roles and responsibilities,
Greer explained. In former Soviet Union countries, she said,
police and prosecutors ruled supreme under the old system.
Now, judges, not police, issue search warrants and approve
arrest warrants.
ABA ROLI’s goals when conducting training overseas
are to insure that international standards of fairness and
transparency are met. “Fair trial standards,”
Greer said, “start with investigations that are conducted
by people with the expertise as well as the knowledge of
human rights — whether [those] human rights are victim’s
rights or the accused or witnesses.”
PROMOTING A RULE-OF-LAW CULTURE AMONG POLICE
One of ABA ROLI’s most recent programs is a comprehensive
review and reform of the Panamanian police curriculum and
training methods. Begun in February, the goal of the yearlong
effort is to help Panamanian police trainers in promoting
a rule-of-law culture among Panamanian police.
Michael McCullough, director of ABA’s Latin America
and the Caribbean ROLI program, told America.gov that a
2006 survey conducted by the Inter-American Development
Bank concluded that 46 percent of Panamanians believed the
criminal justice system fails to punish criminals.
“A lot of citizen confidence is going to be based
on their perceptions of the police,” McCullough said.
“Police in many cases are the first contact that
a citizen has with the legal system — and sometimes
the only direct contact,” he said. “So to a
large extent, the impressions that citizens have of the
legal system will result from their impressions of the police.
We think it is very important for the police to be highly
professional, ethical and competent in the performance of
their duties.”
Especially important is that the police understand how
to conduct effective investigations, he said.
“If [police] don’t effectively gather the proper
evidence and follow the chain of custody and comply with
the constitutional guarantees, the prosecutor’s hands
will be tied at trial,” McCullough said.
The ABA ROLI program in Panama, which is funded in part
by the U.S. government, is part of a larger agreement between
the governments of Panama and the United States to reform
Panama’s justice sector, McCullough said.
INTERNATIONAL RAMIFICATIONS
A properly trained police force enhances the international
community’s efforts to control transnational crime,
Greer said.
For example, an ABA ROLI training program for police officers
in Ukraine has made extradition requests by the United States
proceed more smoothly, she said. Likewise, cases involving
the trafficking of women from Moldova to Ukraine were facilitated
by ABA ROLI training regarding legal issues between jurisdictions.
“So much more crime is global,” Greer said.
“Terrorism, money laundering, cybercrime are truly
global crimes.”
“You really have to work even harder … at trying
to devise a regional strategy within country-specific priorities,”
she said.
More information
about ABA ROLI is available on the ABA Web site.