Editorial|Editorial
The rule of law does not include the Defense Forces that monitor themselves and investigate – or fail to investigate – their own crimes.
4.12. 16:30
Crime prevention belongs to the police, and when the security police and the Defense Forces have intelligence powers, according to the law they cannot and should not be used for crime prevention or crime investigation.
This principle must be upheld, and it should also apply to military crimes. The secret means of obtaining information already prescribed by law for the police should also not be given to another authority.
Still, the Ministry of Defense is trying to put the government’s proposal into writing in the bill to give the General Staff of the Defense Forces completely new rights and powers both for intelligence and to prevent military crimes. The proposal would mean that the General Staff would transfer fewer and fewer military crimes to the police for investigation. The right to use secret means of obtaining information independently is also proposed for the General Staff.
Deputy Chancellor of Justice Pasi Pölö has a lot to comment on the bill.
As a starting point, the fact that the Finnish Defense Forces investigates suspected official crimes by its own personnel is a problem. According to the bill, for example, the suspected misconduct of a military intelligence official would be investigated by the military intelligence authority itself.
To the rule of law it does not belong to the Defense Forces, which monitors itself and investigates its own crimes – or fails to investigate them. It’s about trust in the operations of the Defense Forces. At the same time, it is clear that the Defense Forces must develop their own internal legality control. It directs practices and routines to comply with the law.
The defense forces are required to evaluate their own activities more credible than at present. There are enough examples from the defense forces that requests for investigations have been delayed and swept under the carpet when it comes to the actions of their own people.
The investigation of military crimes is only credible when it is conducted by a genuine external monitor.
The editorials are HS’s positions on a current topic. The articles are prepared by HS’s editorial department, and they reflect the journal principle line.
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