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system, as such is not independent from the police. Despite the role of the independent committee,
it is the Commissioner of police who has the last say. As stated in the European Code of Police
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Ethics , article 61: “Public authorities shall ensure effective and impartial procedures for complaints
against the police”, which means that “police investigating the police” raises some doubts in this
respect.

Reporting obligations and whistle-blower protection

242. The NPN and KMar officials who in the performance of their duties come across suspected
criminal offences, including corruption offences, or other serious offences listed in the Code of
Criminal Procedure must immediately report them to the prosecutorial authority (Article 162 of the
Code of Criminal Procedure and Article 78 of the Military Disciplinary Act).

243. Internal reporting of other forms of misconduct can be made within the hierarchy or to the
VIK department in the NPN or the Integrity Cluster of the KMar. Depending on the reported issue, the
authorities may submit the report to an investigation commission, but it may also lead to internal
disciplinary proceedings or submission of the complaint to the public prosecutor. The authorities
state that the NPN and KMar are trying to create a culture in which people talk to each other instead
of about each other. In such a way people can learn from mistakes. Reporting is always possible and
obliged in cases of criminal offences, including corruption offences, but broader reporting obligation
would go against the trust between law enforcement officers, according to the authorities.

244. The GET notes that apart from the obligation to report suspected criminal offences, including
corruption offences, law enforcement officials are under no obligation to report situations of any
other forms of misconduct and conflicts of interest etc. they come across in the service. The GET
acknowledges that the NPN and KMar have a policy in place aiming at fostering integrity among its
employees, which has already been commended. In the view of the GET, an obligation to report
various forms of misconduct within the police service is not in itself contradictory to an inclusive
integrity policy. But the lack of a rule to report corruption related misconduct is a clear weakness of
the system, which should be remedied. It goes without saying that such a requirement also demands
a certain level of protection against retaliation of those who submit such reports in good faith. The
“code of silence” is prevalent in most hierarchical organisations and the protection of whistleblowers
within the organisation is particularly important to deal with this problem. GRECO recommends
(i) establishing a requirement for law enforcement officials to report corruption related
misconduct within the service; and (ii) adapting the protection of whistleblowers in that respect.

245. The Internal Whistleblowers Regulations for the Central Public Administration, NPN and
Defence came into force on 1 January 2017. Whistleblowers who report a suspicion of an abuse or
another breach of integrity in good faith, are protected from adverse consequences during and after
the handling of the report. Whistleblowers that seek advice can contact one of the confidential
advisers. The regulation enables current and former officials to report situations of abuse that they
find within their own organisation to the Whistleblowers Authority. The Whistleblowers Authority
advises to first make an internal report, they can generally only accept a report for investigation once
the official has already made a report internally. If reporting internally cannot reasonably be
required, the whistleblower can report directly to the Whistleblowers Authority.

53 Council of Europe Recommendation of the Committee of Ministers Rec (2001)10

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