Divided working group proposes secret coercive measures for police

Undercover police officer could be allowed to commit minor crimes

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A proposal put forward on Wednesday on amendments to legislation on preliminary investigations, coercive measures, and police procedure caused controversy already before it was completed.
      Police have also criticised the proposal, even though it gives them a number of new clandestine coercive measures.
      One of the proposals is that an undercover police officer who has infiltrated a criminal organisation should be allowed to commit minor crimes, if necessary, in order to maintain credibility among the criminals.
      The basic starting point would be that an undercover officer should not commit crimes, but under certain conditions the officer could avert punishment while taking part in the activities fo the group, by acquiring vehicles, for instance.
     
Two lawyers on the committee, Tuija Turpeinen and Markku Fredman feel that even a limited licence to commit unlawful acts would violate the principles of police activities, and would constitute an extension of police authority.
      Representatives of the police in the working group also listed a number of problems that they saw with the proposal. National Police Commissioner Mikko Paatero says that he largely agrees with the objections.
      The committee feels that court authorisation should be acquired for undercover activities and false purchases of illegal goods. At present such activities are up to the discretion of the police.
      Paatero feels that the proposed change could make it more difficult to engage in undercover police work, or to make false purchases. He also says that the risks of undercover work could increase, if there are more people in court who know about them.
     
The proposal would leave it up to the police to decide on house searches - something that the lawyer members of the committee objected to. They note that decisions made at the European Court of human rights suggest that there might be a calls soon to require a court order for house searches.
      The aim of the reform is to clarify the current confusing legislation. However, the committee’s chairman Ilkka Rautio admitted that “the goal of clarity was not achieved”, as he submitted the proposal to Minister of Justice Tuija Brax (Green) and Minister of the Interior Anne Holmlund (Nat. Coalition Party).
      Five dissenting opinions were submitted, as well as one statement. In several of them, it was mentioned that the working group did not have enough time to consider all points of view.
     
The schedule is tight, as the government wants the present Parliament to deal with the matter.
      The chairwoman of the Parliament’s Legal Affairs Committee, Heidi Hautala (Green), says that she hopes that the three bills involved in the proposal could be decided as a single package in Parliament, so that the result would be well balanced.

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 Bill would also weaken confidentiality of journalists’ sources

Helsingin Sanomat