ministry of internal affairs

MINISTRY OF INTERNAL AFFAIRS POLICE INSPECTORATE OF KOSOVO

DEPARTMENT FOR INSPECTIONS .......................................................................................................................................

INSPECTION REPORT ON THE ASSESSMENT OF POLICE PERFORMANCE IN

TREATING CASES OF ARMED ROBBERY

No. 1/2019

Prishtina, May 10, 2019

DEPARTMENT FOR INSPECTIONS-POLICE INSPECTORATE OF KOSOVO 2

General information

Title

Finalization date

Realized by

Supervised by

Inspection report on the assesment of police performance in treating cases of armed robbery May 10, 2019 Kushtrim Jonuzi, , Head of the inspection team, Kadri Keçmezi, inspector, Mirsad Puçurica, inspector Ilir Idrizaj, Supervisor of Inspection, Head of Division for Inspection and Report

Supported by

Subbmited by

Approved by

Approvation date

Bujar Mustafa, Head of Division for Analyses, Planning and Quality Bekim Pira, Head of Department for Inspections Miradije Kelmendi, Chief Executive Officer (CEO) Police Inspectorate of Kosovo May 10, 2019


Content

1. Executive summary

1.1. General information summary on the inspection results....................(4-5)

2. Introduction

2.1. Reasons on the initiation of inspection...............................................(6-6) 2.2. The purpose of inspection......................................... ........................(6-6) 2.3. The object and subject of inspection..................................................(6-6) 2.4. The objectives of the inspection.........................................................(6-6) 2.5. The importance of inspection.............................................................(7-7) 2.6. Methodology of inspection................................................................(7-7) 2.7. Period of inspection completion.........................................................(7-7) 2.8. Inspection directions..........................................................................(7-7) 2.9. Evaluation criteria..............................................................................(7-8) 2.10. Obstacles and limitations in achieving objectives..............................(8-8)

3. Description on the object, findings and recommendations

3.1 Indicators of crime trend related to armed robberies.......................(9-12) 3.2 Police actions and measures in investigating criminal offenses

of robbery..........................................................................................(13-23) 3.3 Police and human resources capacities.............................................(24-25)

4. Plan for meeting the recommendations

4.1 Action plan for implementation of recommendations.......................(26-27) Annex


1. Executive summary

1.1. General information summary on the inspection results 1.1.1. Recently have been heard lots about robbery offenses that have plagued citizens and businesses around the country. Concerns have been raised even more after reporting that there have been situations were force was used. Were also reported financial losses of businesses and families, but also life risks. Compared to 2017, to 2018, trends reflect that the crime in the country has slightly declined, but there is a symbolic increase in the number of robberies. About 2/3 of the total number of robberies were reported within the area controlled by the Regional Police Directorate - Prishtina, making them most affected by the robberies, while RPD-Gjakova had a low number of such cases. About 2/3 of the total number of robbery cases, which have been reported during 2018 have been armed robbery. About 2/3 of the total number of robberies have included the RPD-Prishtinas area of responsibility. The number of robberies has increased in RPD-Gjilan, Peja and Prishtina, while other have decreased. 1.1.2. Armed robberies have mostly targeted bank - exchanges, casinos - sports betting, fuel pumps, markets, private homes, bystanders, etc. The area of responsibility of RPD-Prishtina is the most attacked by robberies as a wide zone with a considerable number of citizens and bussineses. Referring to the statistical data of 2018 on robberies and armed robberies for capita, on the level of responsibility of the RPD-Prishtina, in 2.600 citizens, we have a robbery or in 3.800, an armed robbery. While on the area of responsibility of RPD-Gjakova, in 53.000 citizens we have a robbery or in 71.000 an armed robbery. About 2/5 of the total number of robberies has affected rural areas, compared to 3/5 that have affected urban areas. Approximately half of the cases of robberies were committed in the interval between 02.00-04.00 and 20.00-22.00, while the most loded months with cases of robberies within the year 2018 at the country level were August and September. In a number of armed robberies, there has been resistance to police orders, in order to prevent caught of preparators. The robberies are manifested by the usage of long guns - shorts, cold weapons and other equipment for the purpose of committing the offense by individual offenders and in organized groups of up to ten (10) persons. 1.1.3. The General Directorate of Police (GDP) since 2009 still operates the Operating Order "Steel Ring", which is activated in all circumstances when the preparators are not caught in the act or after committing a number of criminal offenses, including those of armed robbery. Due to the increase in a number of offenses, the GDP in 2017 issued the Operational Order “The net -2017”. The number of intelligent information on the robberies is considered unsatisfactory for some RPDs and is considered as the result of improper alignment with the community, where it is estimated that information can be obtained. The Directorate for Intelligence and Analysis (DIA) is considered to have done a satisfactory job in gathering, analyzing intelligent informations regarding the robberies. Concerned about the number of robberies, which continue to focus on businesses that have cash flows, but also not saving citizens, the GDP, after assessing the risk and threat of robbery, in the second half of last year has drafted the Operational Order “The net-2018”, which obliged police structures to issue plans to prevent, detect and apprehend preparators of these offenses. Formally, the orders - the plans meet the standards of the five-point model and contain the appropriate information to handle the robberies. A large number of police units have been involved in the implementation of the Operational Order, which have taken a number of measures. There is


a need to increase preventive activity in the patrol sectors, where there seems to be insufficient focus, as a result of the limited human resources capacity. Although plans foresee an increase of the patrols and checkpoints, some RPDs have reduced such measures. With the central level initiative, at the regional level, two (2) staff members have been hired to monitor the implementation of plans and coordinate police actions in prevention and investigation. A number of activities has been identified between the Police, the Ministry of Internal Affairs, the Central Bank of Kosovo (CBK), the Kosovo Banking Association (KBA) and insurance companies to coordinate prevention activities. 1.1.4. The police response time at the scene or the pursuit of the robbers is estimated to be within the standard, while police units within the RPD- South Mitrovica that have arrived at the scene the very fast. In some reports of daily events related to the dates of the robbery, incomplete information and various formats of evidence have been identified. Based on the updated information from the Regional Investigation Sectors, the number of robberies is lower than that reported by intelligent reports. According to these official sources, about 2/5 of the total number of cases of armed robbery have been processed in the Prosecutor's Office with criminal reports with known preparators, about ¼ with unknown preparators, while about 1/3 of the cases remain under investigation. Despite the large number of cases under investigation, the RPD-Prishtina has proceed a larger number of cases to the Prosecution. 1.1.5. In some robbery case files that have been focus of the inspection, the report of the first police officer at the scene contains little information and does not describe the primary and secondary actions taken until the arrival of the investigative and forensic units. During evaluation of actions of the crime unit, the scene design was not implemented in some cases. Several cases have been identified where photographing of the scene has not been implemented. There were identified cases where the gjeneral and detailed outline (kroki) were not part of the files. In all cases that were investigated, the Prosecution was informed in a timely manner of criminal cases. The action plan regarding the case under which the investigative process will proceed has not been drafted in a significant number of cases. Seeing the concern of citizens and businesses, but also with the aim of raising public safety, cases of robbery have been treated with priority. 1.1.6. RPDs are constantly facing insufficient human resources, but in implementing orders and operational plans, such shortcomings have been managed well. Also difficulties regarding official vehicles and equipment needed for work are evident. Effective crime fighting, including robbery, requires investment in surveillance technology through cameras on the streets and parts of the city, such as areas that may be suitable for criminals. Training programs are considered appropriate to deal with robberies and other similar offenses. The organization of advanced training would be welcomed to follow the trends in combating this phenomenon.


2. Introduction 2.1. Reasons on the initiation of inspection 2.1.1. According to Law no. 03/L-231, PIK has a legal mandate to conduct police inspections to assess the performance of police duties. This activity assists and supports the Police in providing a professional, democratic and responsible service. Based on current legislation, in addition to the inspections deriving from the Annual Plan for Regular Inspections, PIK also conducts extraordinary inspections that may be carried out with the request of Chief Executive Officer (CEO) and the Minister of Internal Affairs. Based on this, on December 31, 2018, Chief Executive Officer of PIK requested the initiation of an extraordinary inspection to assess police performance in dealing with criminal offenses related the robbery of businesses around the country and families by criminal groups. This initiative was followed by some concerns of the Minister of Internal Affairs of December 31, 2018, about the increasing robbery trends and the need to assess police capacities and commitments in dealing with this phenomenon, in order to give an opinion for the efficiency of police units in investigating and detecting crime. The evaluation of this area represents an interest to emphasize police actions, as well as the efficiency in dealing with cases of this criminal nature.

2.2. The purpose of inspection 2.2.1. The purpose of this inspection is

• Determine whether laws, regulations and principles and police procedures are properly implemented and appropriate to achieve the goals;

• Determine whether police resources are used effectively, efficiently and are appropriate to achieve goals and objectives;

• To give objective opinion on issues related to the handling of criminal cases; • To prevent in the future any possible violations that may be committed in police work

during such engagements; • To identify possible weaknesses and recommend appropriate measures for better police

functioning. 2.3. The object and subject of the inspection 2.3.1. In this extraordinary inspection is evaluated the police performance in dealing with cases of armed robbery. The inspection is mainly focused on the Department of Investigations, Regional Police Directorates, including stations affected by this criminal activity. 2.4. The objectives of inspection 2.4.1 The objectives of this inspection are:

• Evaluation of activities to prevent robberies and other related offenses; • Evaluation of reactive activities in investigating and detecting cases of robbery; • Assessment of compliance with rules and procedures in dealing with such cases; • Assessment of human-technical capacities in handling cases of this nature.


2.5. The importance of inspection 2.5.1. Inspection in this area has an important role in:

• Increase police accountability and awareness in public safety; • Identifying police actions - neglects during the handling of investigative cases; • Evaluation of inter-institutional cooperation, coordination; • Increasing the efficiency of police units in crime prevention, investigation and detection; • Identifying the needs and requirements that drive professional development of police.

2.6. Methodology of inspection 2.6.1. During inspection:

a) There have been held meetings and interviews with leaders, employees including: Head of Departments for Investigations and Operations, Head of DIA (Directorate for Intelligence and Analysis), Directorate for Trainings and investigators of Regional Investigation Sectors.

b) There are conducted physical inspections of files of robbery cases (19 files);

c) There are obtained documents, such as: plans and operating orders; intelligence sector risk assessment reports; data on human and technical capacity in the days when the robberies occurred; radio-reports of critical days when cases occurred; data on the number of robberies, the areas and the time of their occurrence; case detection data; data on the number of filed criminal reports ; data on preventive activities and operations; information on meetings with the community, security forums and businesses; data on training curricula on police response; reports of police officers involved in operations and in management of cases.

2.7. Period of inspection completion 2.7.1. Based on the Plan program for inspections, the inspection started on date 14th January, 2019 and ended by the 25th of January, 2019. The inspection is focused on assessing the handling of robbery cases that occurred during 2018 and early 2019. 2.8. Inspection directions 2.8.1. In order to met the objectives, the inspection has been focused on these areas:

• Crime indicators related to armed robberies; • Police actions and measures in investigating and detecting criminal offenses of robbery; • Human and technical resources capacities.

2.9. Evaluation criteria 2.9.1. The following documents are the base in which the inspectors work is been based during evaluation of police performance :


• Code no. 04/L-123 of the Criminal Procedure of Kosovo; • Law no. 04/L-076 on Police; • Regulation on Operations in the Kosovo Police (11.04.2017); • Community Policing Strategy; • Intelligence-led Policing Strategy; • Standard Operating Procedure - Police activity in sectors based on the Strategy, Action

Plan (2012-2016) and KP methodology for community policing (DDO-04/044/2013, 02.04.2013);

• Standard Operating Procedure - Duties of the Police Officer during the Intelligence Process (ZDPO-02/004/14, dated 24.02.14);

• Standard Operating Procedure - Case Processing and Subject Competence of Investigation (ZDPO/02/021/2013, on date 16.07.2013);

• Standard Operating Procedure - Police general actions at the crime scene (DDO-04/030/2013,on date 28.02.2013);

• Standard Operation Procedure of Criminal Technique - Sector of the crime scene (PKSHH - PSO 1.21, on date 12.04.2012).

2.10. Obstacles and limitations in achieving the objectives 2.10.1. PIK estimates that during working in terrein and reflecting of findings in the extended inspection report, it did not encounter any difficulties that would affect the fulfillment of objectives set out in the inspection work Program. In order to maintain the confidentiality of intelligent reports on the criminal activity and the status of cases in the investigation process, the PIK does not have such documents available and their existence has been confirmed by the leaders of the inspected police structure.


3. Description on the object, findings and recomandations

3.1. Crime indicators related to armed robbery 3.1.1. On the territory of the Republic of Kosovo, robbery offenses are very present and they present a very concerning phenomena for citizens and state institutions mandated to prevent and combat negative phenomena in society, which threatens public and private security, which endangers life and property of each indiscriminately. This phenomenon has disturbed, in the recent years relevant structures for the prevention and detection of the criminal offenses, as well as public opinion, since of the lost of wealth and property targeted by robberies, there were also loss of lives as a result of facing armed preparators. The case of a police officer that lost his life in duty as a result of facing a criminal during committing a robbery in NLB -BANK in Istog by the end of year 2018, the use of violence during the robbery in businesses, houses, using fire and cold weapons and also other dangerous equipments, have seriously threatened the safety of citizens. This has made the Police to take responsive measures to prevent and combat this phenomena. 3.1.2. According the provisions of the Criminal Code for the Republic of Kosovo, the criminal offense of robbery is defined as a serious form of theft, while the sanction of this offense is even more serious when its preparator acts as a member of the group, or if while committing the criminal offense carries or use a firearm or other dangerous equipment1. Robbery is a serious crime, it can also traumatize victims physically - mentally. Armed robberies are committed in various forms and ways, through threats, acts of violence and in some cases can even end in fatalities. The Article 70 regulates investigation actions and determines that after accepting information for alleged criminal offence police shall investigate if there is a reasonable suspicion. According to the Code, the Police investigates criminal offenses and takes the necessary measures to detect the location of the preparator, to detain him or to find his helper from were is hidden also to find and save other proves related to the criminal offence that might serve during the criminal procedure. Also, according to the Code, the police have the authority to conduct investigative actions during the initial phase of criminal proceedings. 3.1.3. According to data from the RPDs annual analytical reports on cases reported for 2018, despite the fact that offenses at the general level of RPDs have decreased by 1%, robberies in compare to 2017 that have increased for 2%. RPD-Prishtina recorded the highest number of cases of robbery (57% and 63% of the two years in general). RPD-Gjakova recorded the lowest number of these cases (5% and 1% of the total number of cases of robbery for two years). RPD-Peja with 69% and RPD-Prishtina with 12% recorded the highest increase in the number of reported cases

1 Article 329 of the Code, regarding the robbery, in the first paragraph states that; "anyone that uses physical force or serious threat to attack the life or body of another person, 'appropriates' a property of someone in order to bring himself unlawful material gain or to another person shall be punishable by imprisonment, three (3) to twelve (12) years ”. Paragraph 3 provides that “if the offense foreseen by the 1st paragraph of this Article is committed by the perpetrator acting as a member of the group or carrying a dangerous weapon or a dangerous equipment, the perpetrator shall be punished by imprisonment of seven (7) to twelve (12) years ”. Paragraph 4 states that when the offence by the first paragraph of this Article is committed by the perpetrator acting as a member of the armed group or when the offense results in grievous bodily injury, the perpetrator shall be punished by imprisonment of seven (7) to fifteen (15) years.


of robbery. The largest decrease in the number of cases of robbery expressed in percentage was recorded by RPD-Gjakova with 71% and RPD South Mitrovica with 35%. 3.1.4. Based on the analyses, 68% of the robbery cases reported during 2017, 198 were classified as armed robberies out of the 290 robberies that occurred, while 67% or 199 in number robberies during 2018 were classified as armed robberies out of the total number which is 297. According to data provided during the year 2018 the robberies and armed robberies has marked a significant increase in the level of country for 2% respectively 0.5% RPD-Prishtina that has the biggest number of armed robberies (59% out of the total 63% of the total number in the level of country for the years 2017-2018). The increase of the cases of the armed robbery has marked RPD-Gjilan, Peja with 50% each, as well as RPD-Prishtina with 8 %. Most of the RPDs have marked decrease of the number of cases of armed robberies. The largest decrease in the number of cases of armed robbery, expressed in percentage, was recorded by RPD-North Mitrovica with 83%, RPD-Gjakova with 40%, RPD-South Mitrovica with 28%, RPD-Prizren with 27% and RPD-Ferizaj with 21%.

Table no. 1 - Summary statistics on the trend of robbery and robbery offenses at the country level according to RPDs (2017/2018)

RPD

Number of criminal offences

Trend (%)

Number of robberies

Trend (%)

Number of armed robberies

Trend (%)

2017 2018 2017 2018 2017 2018 Prishtina 13.422 13.566 +1.07 166 186 +12 117 126 +8 Gjakova 2.205 2.185 -0.9 14 4 -71 5 3 -40 North Mitrovica 695 594 -14.5 10 10 0 6 1 -83 South Mitrovica 2.893 2.709 -6.4 26 17 -35 18 13 -28 Prizren 3.708 3.726 +0.49 16 13 -19 11 8 -27 Peja 3.752 3.941 +5.0 16 27 +69 14 21 +50 Gjilan 3.032 2.805 -7.5 22 20 -9 8 12 +50 Ferizaj 3.471 3.253 -6.3 20 20 0 19 15 -21 Total number 33.178 32.779 -1% 290 297 +2% 198 199 0.5%

3.1.5. Armed robberies are very present and they present a very concerning phenomena and based to the analyses on the locations that they were performed it turns out that the most attacked are micro - financial institutions, exchange offices, casinos - sports betting, fuel pumps, markets, private homes, passengers, etc2. The area of responsibility of RPD-Prishtina turns out to be the most attacked by robberies, as a wider area, where a large number of people, businesses, banks, micro-financial institutions, gas stations and markets are concentrated. According to the United Nations Office on Drugs and Crime, within the European Union, France had the highest rate of robbery per 100.000 residents in 2016, while Slovakia had the lowest rate (153 respectively 10 robberies per 100.000 residents3). Serbia and Montenegro had the rate of 27, respectively 20 robberies per 100.000 residents, while Kosovo did not go through these statistical procedures. Referring to the 2018 police statistics on robberies and armed robberies per capita at the level country, there were 16 robberies per 100.000 residents, relatively 11 robberies4. Referring to the statistics on robberies and armed 2 Directorate of Intelligence and Analyses, Annual Annalitical Report in Level of Country 2017/2018. 3 Source: The global economy.com (Robbery rate - country rankings - Robberies per 100,000 people, source: The UN office on drugs and crime). 4 The data on the number of inhabitants are provided by the Statistical Yearbook 2018 of the Statistical Office of Kosovo, according to which the number of inhabitants of the country is estimated to be 1,798,506 inhabitants.


robberies per capita at the level of RPD-Prishtina as the most affected area by these criminal offenses, there were 38 robberies per 100.000 residents, respectively 26 armed robberies5. Referring to statistics on robberies per capita at the level of RPD-Gjakovas area of responsibility, have occurred 1.9 robberies or 1.4 armed robberies per 100.000 residents6. From this data it results that residents living in the RPD-Prishtinas area of responsibility are more likely to be affected by robberies - armed robberies than those living in other areas of our country. Comparing the rate of robbery with international trends, the rate of robbery at the national level is not considered to be high, but more pronounced is the rate of robbery per 100.000 residents for the area of RPD-Prishtina.

3.1.6. The DLA conducted an analysis of the geographical areas where the most robberies occurred, according to which in 2018, 59% of robberies occurred in urban areas, while 41% occurred in rural areas. Regarding the time interval of their occurrence, 28% of the robberies occurred during time 02.00 to 04.00pm, followed by 20% during 20.00–22.00, 18% in the interval 00.00–02.00 and so on. The largest number of cases occurred during the days, Monday and Sunday, while the day that is recorded the lowest number of the cases is "Wednesday" with the total of 4% of the cases. According to data provided by the Sectors of Regional Investigation, tasked with investigation of the recent robberies, including armed robberies, the most loaded months with such cases during 2018 with nationwide robbery cases turn out to be August and September with the total of 14 % of all cases of armed robbery, while the months with the lowest number of armed robberies are February, April and May, all the three represent only 6% of the total number of armed robberies.

5 The data on the number of inhabitants were provided by the Statistical Yearbook 2018 of the Statistical Office of Kosovo, according to which the number of inhabitants of the country in the RPD-Pristina area is estimated to be 483,908 inhabitants. 6 The data on the number of inhabitants were provided by the Statistical Yearbook 2018 of the Statistical Office of Kosovo, according to which the number of inhabitants of the country in the RPD-Gjakova area is estimated to be 212,711 inhabitants.

153

128

53 53 46 44 42 38 36 30 25 25 23 16 16 11 11 10

0

20

40

60

80

100

120

140

160

180

Diagram 1 - Scale of robbery per 100.000 residents in European Union


3.1.7. PIK found that in cases of armed robbery, there were cases and situations where the robbers at the crime scene disobeyed police orders, attempting to flee (escape) in order to avoid capture and arrest. There have been cases of robbers using weapons. Out of a total of 199 cases of armed robbery, 13 of them, or 7% of their total, were followed by resistance to police orders and response. RPD-Prishtina had six (6) cases of robbery where, during the robbery, resisted police orders. The police officers of RPD-Gjilani, RPD-Prizren and RPD-Peja had two (2) cases of resistance and RPD- North Mitrovica with one (1) case. In a considerable number of them there was an exchange of fire between the two parties, characterizing these as case of high risk for the citizens and the police officers themselves. 3.1.8. From analyzing robbery cases identified by RPDs area of responsibility and the analytical reports, in the most cases of armed robbery, the robbers aimed to gain cash for themselves and for their group. In 2018 in most cases of armed robbery, the robbers acted as individuals and in groups, well-organized, masked, 2 to 10 people. The suspects mainly used long guns, short guns, cold weapons, as well as, in some cases, strong tools (metal baseball, ax, rod, hammer, etc.). Highlight points have been gas stations, banks - microfinance institutions, casinos, residential houses, gambling - sports betting, pharmacies, roads - railroads, parking lots, department stores, jewelers, commercial offices, hotels - restaurants, etc. PIK appreciates analytical reports and such analysis helps in designing and implementing plans. According to the information provided, robberies and especially those armed are committed by well-structured persons and groups, with criminal backgrounds not only in the country but also in various European countries and beyond. The fact of non-membership in interpol is considered to be an obstacle for the country during exchanging information on repatriated inhabitants that in other countries have criminal history.

1311

17

11 11

18

12

28 27

1418 19

0

5

10

15

20

25

30

Diagram 2 - Armed robbery trend in the country level according months

Armed robbery (2018)


3.2. Police actions and measures to prevent, investigate and detect criminal offenses of armed robbery and their perpetrators.

3.2.1. According to the provisions of Law no. 04 / L-076 for the Police, among the general tasks are the protection of life, property and the provision of security for citizens the protection of the fundamental rights and freedoms, the prevention of danger and the maintenance of public order security, the investigation of criminal offenses and their perpetrators. In order to fulfill tasks and police legal mandate in combating, preventing and detecting criminal offence Kosovo Police has drafted an Action Plan (2016-20) with 5 strategic objectives including the Public Safety and strengthening cooperation with citizens and also preventing and combating organized crime, corruption and serious crimes of terrorism. Specific objective 1.1 (Improving and maintaining public safety, preventing and reducing criminal activities), also provides for the activity "Reduction of criminal cases and the increase of disclosure". According to RPDs annual analytical reports, there is generally a slight decrease in the total number of offenses by 1% compared to 2017. Although there is a symbolic decrease in the total number of offenses, there are evident concerns in the public on robberies, including those involving arms. 3.2.2. GDP since 2009 has drafted Operational Order "The steel ring", which activates in all circumstances when is not possible to caught the preparator of the crime in act or after commiting a number of crimes including those of armed robbery. Inspection materials indicate that some RPDs in some cases have activated the Order for Investigative Operational Needs. This order has purpose to define fast operative actions and reacting tactik in all circumstances when serious incidents applying checkpoints, road blockade, making police cordons to capture perpetrators. The inspection noted that in addition to this Order, some units and police stations had operational plans combating criminal offenses, including robbery, but not enough as it should be. In 2017, the GDP through the Department of Operations issued Operational Order “The net -2017”7, in response to the increase of the criminal cases, with particular emphasis on thefts, robberies, and vehicle robberies, etc. According to this Order, the risk level was assessed as low -medium. As in the second half of 2018, the phenomenon of increased cases of robbery has become even more worrisome for businesses, citizens and state structures, there has been a mobilization in the police towards combating these offenses. 3.2.3. PIK is interested in knowing how much police units and police officers have been able to obtain intelligence information from various sources regarding robberies. Inspection reveals that not all RPDs are satisfied with the number of intelligent information provided by their operating sources. It has not been noted or found that the Strategy led by the Intelligence and the Strategy for "Policing in Community" have provided necessary results in the field of cooperation with citizens in order to take information on the criminal activity. In some RPDs no intelligence information was identified from the level of police stations on suspected criminal activity. Some Regional Intelligence Units have drafted analytical reports on these activities. As part of the operational activity to deal or treat with intelligent informations related the robbery or other similar offenses, DIA has issued analytical reports, reflecting reported cases of armed robberies at the national level.

7 General Directorate of Police, Operational Order “Net-2017”, DDO 04-012-2017, dated 14.02.2017.


3.2.4. In terms of mobilizing in combating and detecting these offenses, during October of the last year, DIA issued a country-wide Analytical Report on Armed Robberies8, which was conducted in accordance with the Standard Operating Procedure - Risk Assessment Procedure and threat9. The Report describes the intervals during which robberies occurred, identified areas - locations, information on the identified persons, suspected as potential perpetrators of some of these offenses. The report is consisted by statistical data, history of past events and some evaluation questions. Report is an important basis for addressing issues and issuing orders - plans that serve and link operational-tactical activities at all levels of police organization to prevent, investigate and detect armed robbery. The Report recommended the engagement of additional units near the places where there are possibilities to recur the crime(places threatened by criminal activity), the establishment of co-operation between units, physical security companies, various security agencies and citizens regarding the provision of information and the organization of covert police operations at certain locations. Even at the beginning of 2019, DIA has released a country-wide Analytical Report on the trend of robberies for 2017-201810 annual period. DIA reports have been circulated to regional structures to serve them on an operational plan in combating robberies. Appreciating the DIA's commitment and the contribution to evaluation and processing of information related to robbery, it is encouraged to continue with such activities, to prevent and detect all offenses that threaten the security of the country. Recomandation no. 1 PIK recommends the police officers and police units of the stations and regional directorates for providing of informations regarding the threats for public security, to deepen cooperation and partnership with the citizens, businesses, associations, security forums in order to make possible their contribution toward creating a safe life environment.

3.2.5. Since robberies have presented a disturbing phenomenon, referenced in intelligent reports, in accordance with police mandate and on the basis of the Guidelines for the preparation of orders - operational plans and the management of police operations11, The GDP on 31.08.2018 has drafted Operational Order “The Net-2018”. The order was prepared according to the five-point model. A medium-high-level general risk assessment was carried out in advance, and the purpose of this Order is to prevent and combat robbery offenses. This Order sets out the necessary actions to be taken by the police structure at all levels and structural divisions of organization, depending on the duties and responsibilities, as well as the cooperations within and outside the Police through it the structures have been obliged to issue operational and action plans. For the implementation of the Order, RPDs have developed operational plans with particular emphasis on robberies, aimed at preventing, detecting and apprehending their perpetrators. In addition to this Order, the GDP has issued other orders addressing the fight against many types of offenses, this way giving robbery offences a special focus alongside others. PIK has provided a considerable number of plans from

8 DIA, Country level analytical report “Gun robberies 2018/2017”, 01.10.2018. 9 Department of Investigations, Standard Operating Procedure-Procedure of risk and threat assesment, DDH/06/ PSO-1.28, on date March 31.2017. 10 DIA, Country level analytical report “Gun robberies 2018/2017”, 21.01.2019. 11 DPP-Department of Operations, Instruction for drafting of orders and operational plans and managing of police operations, DDO-04/1-08/010-2014, on date 24.11.2014.


RPDs, drafted before and after the Operational Order which addressed issues related to robberies12. From the RPD-s, PIK has secured a considerable number of plans issued after operational order that has addres problems related to robberies13. Despite the central and regional level, within each police station are taken measures and operational actions for drafting operational plans with the main purpose of prevention, detection, detention of preparators of criminal offences. Within the stations a considerable number of plans have been drafted in order to prevent and detect criminal offenses within their areas of responsibility. It is to be appreciated the engagement and contribution of the stations on mobilization and operational preparedness, actions which have the effect of increasing police vigilance and aim toward prevention of negative phenomena and more effective reactive confrontation in combating and detecting perpetrators. 3.2.6. After checking orders - plans, it is noticed that they are in harmony with the Guide. The information in these operational plans describes a concerning phenomena about the order and security threatened by evident criminal activity during the last year. Here are described details of the type of offenses that are occurring, the way they are committed, the locations where they usually occur and the time of their occurrence. In all controlled plans, the assessment of the risk of armed robbery is of a medium to high level. Data within the plans obliges the Police to be maximally prepared and vigilant for necessary operational actions. The purpose of these plans describes the operational outcome that is intended to be achieved through operational activity. Their main purpose is to increase security measures to guarantee order and public safety within the areas of responsibility, create a safe environment for all, prevent criminal activity, apprehend perpetrators and combat all negative phenomena that may cause instability and threat to public safety. The method of plans are defined actions, operational-tactical of the units as implementers. The methodology of acting are divided duties for each unit or station involved in the operation. Within this are foreseen also to be in disposition the human resources. The administration of the plans has defined the command structure as the command authority for their implementation and herarchy is defined below the command structure. Communication within each plan identifies the communication lines and communication centers that are obliged to receive relevant information from the scene and forward it through the hierarchy. Formally, the police preparatory phase to deal with the occurrence of robbery offenses, both preventive and responsive, is estimated to been met as required, turns out that the plans have been realized with the standard required by the Guidelines. PIK appreciates the efforts in drafting the plans according to the rules and standards and encourages to continue with such commitment and dedication.

12Operational Order "End of 2018 and begging of 2019" (26.12.2018), “Winter season 2017/2018” (15.11.2017), "Winter season 2018/2019” (29.10.2018), "Summer season 2018" (31.05.2018). 13RPD-Prishtina ("Bow", "Prevention of criminal offenses", "Net", "Increasing security measures", "Lightning" and “Perimeter”), RPD-Peja (“Net-2018”), RPD-South Mitrovica (“Prevention of criminal offenses against property” and “Prevention of armed robbery”), RPD-North Mitrovica (“Net 2018”), RPD-Gjilan (“Net 2018” and "Stop Armed Robberies"), RPD-Prizren ("Winter Season 2018", "Summer Season 2018", "Net 2018", "Robbery"and armed robbery" and "Prevention"), RPD-Ferizaj ("Enhancement of Security Measures" and "Steel Ring"), RPD-Gjakova ("Order for the Establishment of Security Measures").


3.2.7. In order to prevent and combat robberies, other criminal offenses and apprehend their perpetrators, in addition to Operational Order “Net-2018”, the Department for Operations has requested from RPDs to undertake concrete measures in their areas of responsibility by engaging regional intelligence units, robbery investigation teams and autocracies within the General Investigation Units, Rapid Reaction Units (RRU), and if concrete information is provided for suspects , to seek assistance from the Special Operations Units (SOU) and the Special Intervention Unit (SIU). RPDs based on operational plans have conducted numerous activities to prevent offenses that threaten public order and safety. Within the activities defined by the plans and other daily activities carried out by the police station within the areas of responsibility have carried out checkpoints, car and foot patrols. Checkpoints have been implemented by station teams in cooperation with the NJRSHs. During the critical months, checkpoints have been added by joining the SOU. The checkpoints were located near the areas where they were most affected. Based on police reports on the capacities involved in implementing the Order, in November, December of last year and January of this year, there is noticed an increase of the uniformed personnel and a decrease of the civilian staff. PIK is interested to know the level of engagements regarding the implementation of the Order, and we also noticed that the foot, vehicle also checkpoints have a trend that increased during the second part of the year 2018 continuing in the first part of the 2019.

Table no. 2 - Summary statistical data on proactive and reactive police activities at the country level during the implementation of the Operational Order ”Net - 2018”

Measures month

Foot patrol

Car patrol Checkpoint Controlled vehicles

Controlled locations

Arrested Confiscated weapons

Nëntor 2018 Dhjetor 2018 Janar 2019

2.286 2.422 2.794

4.999 5.603 7.329

8.286 8.864 9.033

35.564 33.833 35.354

468 66

127

198 66

127

55 55 68

3.2.8. PIK has been informed with police engagements toward increasing the public security, but is also interested in analyzing some indicators in order to asses that those police engagements were effective and productive regarding the public safety and with special emphasizing "reducing of criminal offences of robbery". According to statistical data that derive from analytical reports of RPDs, the number of robberies and armed robberies during 2018, in the level of country has not been reduced. Despite the reports for pro-active measures if we see the general indicators in some directorates has been a decrease of number of foot and vehicle patrols also the checkpoints. It is necessary to analyze these indicators because the Operating orders aimed the increase the pro-active measures. Another concerning that must treat is the reducing of foot patrols which is really activity of patrol unit, wondering the engagement of patrol officers within the sectors. This is supported by the fact that with the removal of the officers from the sectors might doubt the achievement of commitments for an effective policing as foreseen by the Strategy for Policing in Community. The proximity to the community is quiet clear to bring positive results towards providing cooperation for a safer environment. Based on the Report on the Implementation of the Strategy Action Plan 'Policing in Community' despite the activities with the security forums, it does not found that the robberies have received the necessary focus. The preventive approach by increasing community cooperation needs to be treated more seriously. The police should focus more actively on achieving the goals of the Strategy for Policing in Community, strengthening sectoral work and strengthening community co-operation.


Table no. 3 - RPDs productivity in crime prevention and in investigation (crime trends in relation to pro-active measures taken for 2018)

RPD

Crime trends in relation to pro-active police measures (+/-) Criminal offences

Armed robberies

Foot patrols Car patrols Checkpoint

Prishtina 1.07 8 -13.9 14.25 -4.35 Gjakova -0.9 -40 -15.4 -1.5 -26 North Mitrovica -14.5 -83 -20.5 -14.7 15.2 South Mitrovica -6.4 -28 30.1 -2.9 4.8 Prizren 0.49 -27 -7 15 5 Pejë 5.0 50 -2.2 7.9 4.6 Gjilan -7.5 50 -6.5 18.4 -0.1 Ferizaj -6.3 -21 6 14.1 15

3.2.9. The police should make efforts to respond to citizens' requests and calls in real time depending on police priorities and commitments. According to the Guidelines for the Implementation and Monitoring of the program for Public Reliability and Satisfaction , response time is calculated by receiving information from the Regional Centers for Communications Operations (RCCO), the supervisor or the Police in any of the forms of communication, the time of giving information to the patrol / unit being , the time of the patrol /unit departure and the time of their arrival. The average time response at the crime scene for the urban area is estimated to be maximum 15 minutes, while for the rural area maximum 30 minutes, depending on the location or village where the event occurs, with eventual exceptions in some remote mountain areas and in inappropriate atmospheric conditions14. Standard Operating Procedure — Police Response Time Determines the daily report daily log15. Regarding the reaction time in situations where armed robberies occurred, PIK found that the response is based on the location of the scene or the time period when the event occurred. PIK has not succeeded in all cases, in releasing information and police response indicators on the basis of radio data. Table no. 4 - Information on the response time of police units in cases of armed robbery

RPD

Reported cases

Sample (96%)

General reaction time

(min)

Police reaction in

urban areas (min)

Police reaction in rural areas

(min) Prishtina 126 126 9 8 12 Peja 21 21 8 6 13 Prizren 8 7 13 13 13 Gjilan 12 12 9 8 11 Ferizaj 15 10 9 10 7 Gjakova 3 3 15 - 15

14 Department for Operations - Division of Public Safety, Standard Operating Procedure - Police Response Time, reference number DDO-04/085/2018, dated 07.09.2018. 15 The daily log is an electronic or written overview that records the official telephone information received from any potential informant about a particular event or event that has occurred previously or is in progress and is also recorded in the log and all information received in other ways of information that are assessed as being of particular importance.


South Mitrovica

13 12 5 3 6

North Mitrovica

1 0 - - -

Total 199 191 10 min 8 min 11 min 3.2.10. Based on the information of Sector for Regional Investigation from a wide sample of 96%, all cases of armed robbery, the average of time response at the crime scene within all RPDs regardless of the area of occurrence, turns out to be about 10 minutes. If we take the police response time only for the urban area, it is about 8 minutes, and in the rural areas about 11 minutes. RPD South Mitrovica has had the fastest police response time in all cases of armed robbery, which is about 5 minutes (3 min in the city - 6 min in rural areas). The PIK has failed to obtain response time data from the RPD North Mitrovica despite the fact that there is a single case reported during 2018. In RPD Gjakova reported the armed robberies only in rural areas, so we do not have a response time indicator for the urban areas. PIK failed to provide reaction time for a number of RPD Ferizaji cases as was missing information from radio data on the reaction time. Based on these parameters it is estimated that the reaction time by zones is found to be within the standards. PIK estimates that police reactions have been rapid and in accordance with the set criteria. The response of the units within these acceptable parameters is considered to be the result of their mobilization in the realization of plans to combat the robbery offenses. PIK encourages station units and RPDs to further engage in shortening response times, from the time information that is received to the scene, in situations where such events occur. 3.2.11. The inspectors have provided a large number of daily logs to evaluate the actions needed to respond to reported cases. When checking the log of daily events, it can be seen that not all cases of reporting robberies can provide information on the timing of police response. A number of daily logs have incomplete information on the daily events. are noticed differences between RPDs even in maintaining a standard log of daily events. A number of RPDs keep a more comprehensive log on daily events, compared to some RPDs that use simpler forms that does not contain the apropriate information. There is a need to work towards standardizing the form of reporting-recording of daily events. Failure to include the necessary information in the log of daily events doesn't help to convey the message (information). This is estimated to have come from the overload of daily information, but also from the negligence of police units in reporting information from the scene. Recomadation no. 2 PIK recommends to the Centers of Regional Communication and Operations to apply the format of daily event logs that provide a wider inclusion of information on daily events, in order to provide more complete information on police activities related to the cases of alleged criminal offense.


3.2.12. Order units usually arrive first at the scene16. Usually to the call responds the station patrols, investigation units, regional investigations along with the forensic units Police actions that need to be undertaken by the units of scene managing are regulated with the Standard Operating Procedure - General Police Actions in crime scene17 where is foreseen performance of duties and authorizations at the scene of any reported case or incident and in which is necessary to take various measures and actions in order to minimize damages, saving lives, arresting and gathering evidence to complete a file case. Usually the unit that deals with scene of robbery in almost all cases responds to the reaction units or those of sectors from the stations. After securing the scene, the regional investigation teams deal with the scene-examination. Providing security to the crime scene where the criminal offence occurred and also to the place where the consequences are seen in the same physical conditions, the way that the preparator has left it. The security of the crime scene starts with the first unit that arrives in it, assessing the general conditions of crime scene, victims -the injured party, providing assistance. Obtaining informations regarding the suspects and their escape from the crime scene in order to organize their capture, their security and the security of crime scene. 3.2.13. The Standard Operating Procedure sets out the primary18 tasks and secondary19 of the first policeman at the scene. All actions at the scene resulting from the primary and secondary duties of the first policeman at the scene must be followed up later by a report of the first policeman. Inspectors in the Regional Investigation Sections searched 19 files of cases of robbery proceeded with criminal report to the Prosecution. Such files contain reports of the first police officer at the scene, but in addition to writing about receiving information and going to the scene, there is no record of the primary and secondary actions taken until the arrival of the investigative and forensic units. PIK from these reports could not assess whether the first police officer at the scene took the steps and actions required and foreseen by the SOP. Failure to observe the actions taken by the PIK is considered as negligence of duty by the supervisor of the first police officer at the scene and the police officer himself. Failure to report and report actions can seriously damage the case and this affects the efficiency of combating robberies as a matter of concern. 16 The SOP treats the scene as a place or location where a crime has occurred, which may be in an open environment or closed. According to SOP, the open environment can be any outdoor space, while the indoor might be eg: home, cafeteria, basement, roof including vehicles. 17 Operations Department, Standard Operating Procedure - General police actions at the scene, no. reference DDO-04/030/2013, dated 28.02.2013. 18 Primary duties include: identifying and eventually detaining the person who first alerted the police to the case, identifying the perpetrator by direct investigation or observation if his identity is unknown, detention of potential witnesses and their separation so that their independent statements can be secured later, preventing unauthorized and unimportant persons from entering in the crime scene or in any way obstructing the process, securing the scene using various obstructions, be careful that nothing from the scene should be overlooked or considered irrelevant, keeping track of the persons entering the scene and leaving.RPD- Gjakova (2018-EA-088 and 2018-EA-089). 19 Secondary tasks include: recording secondary actions (date, time) to be followed later by the police report, obtaining evidence if they can be altered or broken as a result of weather conditions, photographing the crime scene if possible up to the arrival of the investigator and forensic technician, providing witnesses as they can leave, paying attention to vehicles parked in and out of the scene prior to their departure from the scene as they can disrupt or eliminate evidence, ensuring that no one 'gets away or remove objects which may be regarded as valuable proofs or evidence.


Recomandation no. 3 PIK recommends that police station commanders and first police officers on the crime scene exercise effective supervision over their subordinates regarding the undertaking and reporting of necessary actions at the scene, in accordance with the Standard Operating Procedure - General Police Actions at the crime scene, so that such actions contribute to the process of investigation and detection of perpetrators.

3.2.14. Within the RPDs, as part of the regional investigation structure, the Regional Units of Forensics (RUF) and Regional Units of Investigation (RUI) operate as separate units. The jurisdiction of the RUF is to operate in the territory of the respective region and deal with cases that are investigated by RUI, the Units for Serious Crimes and Investigation of Organized Crime, which are understood to be territorial jurisdictions. RUFs have specialized resources for securing and treating evidence at the crime scene and these employees are usually invited to the scene when there are criminal offenses falling within their domain. One of the duties and responsibilities of the technician is to chart the scene and document the location of evidences, as set in Chapter VIII of the Standard Operating Procedure20, paragraph 8.4, point j. During examining and analyzing the examined files that fall within the NJRTKs domain, the scene design was not implemented in five (5) cases21. Photographing the scene is of particular importance and serves to testify to what was found there. The SOP in Chapter XII, point D (Photographing the crime scene) in paragraph 1 states that photographs of the scene present a permanent record of the scene and serve as a complement to the scene reports and sketches. They serve as evidence to support the testimony of the police officer (forensic technician) what he found at the crime scene and the investigator's testimony of what he saw at the crime scene, as well as the location, type and actual situation of the crime scene. Of the 19 cases reviewed, this criterion was not applied in two (2) cases22. These can be a hindrance to criminal proceedings and result from the negligence of competent officers at the crime scene. 3.2.15. To be considered complete, the case file should contain documents reflecting the actions taken by the competent officials. Standard Operating Procedure in Chapter XXXIX (Contents of Forensic Technique File ), point 39.3 provides that the case file must be accurate, organized and must contain all necessary information and documents23. In 12 out of 19 controlled files, the general outline (kroki) and the detailed outline were not part of the inspection at the time of the

20 General Directorate of Police, Standard Forensic Operation Procedures - Sector of the crime scene, reference number PK / SHH-PSO 1.21, dated on 12.04.2012. 21 RPD-Prizren (2018-GB-298), RPD-Gjilan (2018-CA-009), RPD-Ferizaj (2018-CF-915, 2018-CF-1623, 2018-CP-2271). 22 RPD- Gjakova (2018-EA-088, 2018-EB-424 dhe 2018-EA-089) 23The case file should include: the scene report, the evidence list form and the chain the preservation of evidence with all signatures beginning with the police officer who received the evidence at the scene androute of testimonials for processing and any other movement of evidence, general sketch, detailed sketch,all original notes from the scene, photo album and photo description, autopsy report (if we have a dead body) and photo album with description, fingerprints - post mortum (autopsy) report of car examination (if any car) and photo album with description, raid report oncase of forensic technique participation in raids where all actions taken should be documented by forensic technique (this report does not replace the search report made by the investigator or prosecutor), as well as all documents /official letters / reports, sketches and other photographs relevant to the case.


inspection24. The absence of these drawings is estimated to be a result of the negligence and inadequate care of the staff from the competent investigative units. Failure to take all necessary actions may have adverse effects on the proper performance of police duties and the completion of investigative files, which may affect the achievement of positive results for the detection of offenses and the capture of their perpetrators. 3.2.16. Police investigate criminal offenses and report them to the Prosecutor as soon as possible. When investigating criminal offenses, shall take all necessary measures to detect the perpetrators of alleget criminal offenses. Based on the Standard Operating Procedure - Case Proceedings and Subject Competency of Investigation (ZDPO / 02/021/2013), paragraph 5.6 (Case handling) provides that the investigator, who is in charge of investigating the case, initially on the occasion I have to fill out the standard form for informing the Prosecutor, send it to the Prosecutor, then in close cooperation with the unit sergeant / lieutenant, should develop an action plan according to which the case investigation process will be developed. The inspection notes that in all cases checked, the competent Prosecutor was notified. Regarding the action plan under which the case investigation process will take place, this plan did not exist in 13 of the 19 inspected cases of armed robbery25. The lack of action plans in the cases handled is estimated to be the result of the negligence of the staff and management of the competent investigative units for investigating the cases. Failure to produce action plans can have adverse effects on the proper performance of duties and the achievement of positive results towards detecting offenses and apprehending their perpetrators. Recomandation no. 4 PIK recommends the leaders of the forensic units and investigators of these responsible units for the management and treatment of the crime scene to exercise more effective supervision and increased caution when completing tasks at the crime scene regarding the complement of case files in accordance with the law in force.

3.2.17. The investigative units dealing with the investigation of these robbery cases are constantly in cooperation and coordination with the State Prosecutor and the communication is regular from the moment the case is presented, all investigative actions are undertaken based on The Code of Criminal Procedure for the Republic of Kosovo, Law on Police, Administrative Instructions and SOPs in force. Article 71 of the Code of Criminal Procedure (Collection of Evidence from the crime scene) emphasizes that "The police shall carefully collect the evidence at the crime scene for alleged criminal offense and shall store it in an appropriate manner allowing the evidence to be tested by the competent laboratory When the investigation is completed, the investigator shall send the case file for inspection and signature to the head of the investigation unit (sergeant, lieutenant, captain) and is not allowed to be sent to the Prosecutor without the signature of the unit chief or, in his absence the charged the deputy as is foreseen in Regulation, as provided for in the

24 RPD-Prishtina (2018-AF-0862), RPD-South Mitrovica (2018-BI-136), RPD-North Mitrovica (2018-SI-043), RPD-Gjakova(2018-EA-088, 2018-EB-424 and 2018 -EA-089), RPD- Prizren (2018-GB-298), RPD- Gjilan (2018-CA-009and 2018-CB-039) and RPD-Ferizaj (2018-CF-915, 2018-CF-1623, 2018-CP-2271). 25 RPD- Prishtina (2018-AF-0862), RPD- South Mitrovica (2018-BI-136, 2018-BI-110), RPD- North Mitrovica (2018-SI-043, 2018-BI-148), RPD-Peja (2018-DC-122, 2018-DF-339, 2018-DA-1670) RPD- Gjilan (2018-CA-009 dhe2018-CB-039) dhe RPD- Ferizaj (2018-CF-915, 2018-CF-1623, 2018-CP-2271).


Standard Operating Procedure - Case file Proceedings and the competencies for Investigation of the case foreseen in paragraph 5.7 (Case file Proceedings). Out of 19 cases that were subject of inspection, in only one case was the case sent to the Prosecutor's Office without being signed by the head of the investigation unit26. These Directorates have appointed police officers as supervisors and coordinators in the implementation of operational plans and the co-ordination of all police actions in both prevention as well as in investigation. 3.2.18. Based on the interviews and the data provided, the cases of robberies have been treated with special priority by the management, enabling GPD units and stations to utilize human resources and logistical capacities. These Directorates have appointed police officers as supervisors and coordinators in the implementation of operational plans and the co-ordination of all police actions in both prevention as well as in investigation. In terms of enhancing security measures in the implementation of orders and operational plans, the GDP was required to engage two supervisors at the regional level to supervise police units during the performance of assigned tasks, in sector patrols, security of facilities and in sensitive areas. Prioritizing treatment of robberies is reflected in operational plans, operational orders and action plans, all of which include prevention of criminal offenses and the focus of robbery, and the arrest of persons involved. It is worth noting that the Police are dedicated to prioritizing these cases its worth mentioning also the meeting of the date 07.09.2018 qere particpated Heads of Regional Investigation Sectors, Heads of General Investigations at regional level and Heads of Sector at regional level with the Director General of the Police and where is discussed the coordination of all regional investigation units in the investigation of robberies. PIK appreciates managerial actions in prioritizing cases of robbery and encourages managers to further commit and mobilize towards increasing public safety and preventing criminal activities of that concern citizens. 3.2.19. As the information provided during the first phase of the inspection was not encouraging, PIK mobilized to provide the necessary information to assess the performance indicators of the investigative units during investigating and detecting possible perpetrators. Additional information was also sought to identify the exact number of robberies. In the second phase of providing the data, the Regional Investigation Sectors provided refreshed data, which clarified the number of reported robberies committed with the usage of weapons. Recent information has also provided an overview of police performance during the investigation and detection of perpetrators of armed robberies and such information is reflected also in the table. The table shows that 79 cases or 40% of the reported armed robberies during 2018 have been processed in the Prosecutor's Office with criminal reports filed with known perpetrators. There are 46 cases or 23% of armed robberies, which were processed in the Prosecutor's Office with reports filed with unknown perpetrators, while the remaining 75 cases or 37% of cases reported during 2018 still remain under investigation. 3.2.20. The Regional Investigation Sector of RPD-Prishtina has been overloaded with criminal case files of this nature. Despite the considerable number of resolved cases , the number of cases proceeded to the Prosecutor 's Office with unknown perpetrators and cases under investigation remains high. Exception of RPD-Gjakova and RPD- North Mitrovica that have no open cases, all RPDs face a large number of cases under investigation. RPD- South Mitrovica , RPD-Ferizaji, RPD-

26 RPD- North Mitrovica (case 2018-SI-043)


Gjilani and RPD-Prizreni have lower efficiency in detecting perpetrators of armed robbery offenses. RPD-Prizreni has no detected case, proceeded with criminal report to the competent Prosecution. In meetings with police officers, PIK was informed that these offenses were being committed by well-organized, masked groups and leaving no trace at the scene. PIK appreciates the work done during the process of investigation , criminal offenses of armed robbery, but estimates that more work needs to be done in order to increase public safety, as this phenomenon is a concern to the community and businesses. Table no. 5 - Statistical data on the efficiency of investigative units in the investigation and detection of perpetrators of robbery offenses reported in 2018 (datë 05.04.201927)

RPD

Number of cases

Criminal reports with

known perpetrators

% Criminal charges with NN

% Cases under

investigation by

the units

%

Prishtina 126 55 43 34 28 37 29 Peja 21 13 62 8 38 0 0 Ferizaj 15 4 27 0 0 11 73 South Mitrovica 13 1 8 0 0 12 92 Gjilan 12 2 17 2 17 8 66 Prizren 8 0 0 1 13 7 87 Gjakova 3 3 100 0 0 0 0 North Mitrovica 1 1 100 0 0 0 0

Total 199 79 40% 45 23% 75 37% Recomandation no. 5 PIK recommends to the Head of Regional Investigations Sectors within the Regional Directorates of Police in the South Mitrovica, Prizren, Ferizaji, Gjilani in treatment of criminal offences of Armed Robbery and to mobilize more vigorously in investigating and detecting their perpetrators, increasing efficiency in handling open cases, and contributing to increase public safety and police image.

3.2.21. As the banking sector is heavily affected by individuals and criminal groups, there have been held multilateral meetings with the Police, the Ministry of Internal Affairs, the Central Bank of Kosovo, the Kosovo Banking Association and representatives of private insurance companies. In order to prevent robberies, a working group has been set up, comprising representatives of these mechanisms, aiming at increasing cooperation, identifying preventive measures that need to be taken by banking institutions, businesses, etc. At the time when this inspection was carried out, the co-operation agreement between these mechanisms was actual. The PIK appreciates these police cooperations , assessing that it contributes to the efforts in fight against crime and create a safer environment. 27 Updated data has been provided by Regional Investigation Sectors on date 05.04.2019


3.3. Technical and Human Resources Capacities 3.3.1. Regarding the human resources capacities, the PIK has found that in general RPDs are consistently faced with insufficient staff availability, which is noticed by the capacity non- reconciliation with the Authorized Personnel List (LPA). The situation is yet complicated by the involvement of a large number of police officers in the Directorate for Security of Special Facilities and Personalities, the Faculty of Security Sciences - Vushtrri, in various non-police activities, etc. Despite staffing difficulties, RPDs have not neglected cases especially those of robberies, they have been treated with high priority, deploying human resources capacities according the needs presented on the field, at police stations where there were staff shortages have sent personnel from the NJRSH and NJSO, who have set checkpoints in areas of police stations and supported them. PIK after analyzing the working hours estimates that the number of police officers within the RPDs, respectively stations, in the critical days when the cases of armed robbery , it turn out that the number of police officers was sufficient to response the reported cases. The PIK once again evaluates that it is necessary to take actions towards harmonizing the active human resources capacities with the LAP, in order to increase police performance and public safety. 3.3.2. Regarding the technical capacities, RPDs have insufficient number of vehicles in dispositions, including "Cover”. It is noticed also the lack of computers, laptops, technical equipment for carrying data records from the field , video materials provided from surveillance cameras, equipment for communication , equipment for photographing the crime scene. During the interviews in RPDs, the PIK also found it necessary to equip long-range police stations, arguing that the station's patrol units were the first to face the crime scene, or to pursue robbers, who in some cases resisted police orders and responded by using long guns and handguns. These situations put the police officer in disadvantage with the robbers, endangering lives of police officers and citizens. The inspection revealed that as part of the activity for the prevention and detection of robbery offenses, RPDs are supported by human resources and technical (civil vehicle). Despite all these difficulties with technical capacities within RPDs, they have not neglected the big cases, especially robberies, which have been dealt with seriously, deploying technical resources according to the needs in the field. PIK estimates that equipment shortages present difficulties in performing the tasks properly. Recomandation no. 6 PIK recommends the Department of Support Services that in cooperation with police units of RPDs engaged in preventing, investigating, detecting the criminal offences to identify their needs in order to provide optimal technical conditions for efficient work, this way focusing the necessary working tools as technical equipments ,cars or long guns..

3.3.3. During the meetings with the leaders of the Regional Investigation Sectors, ideas and proposals were presented in order to prevent and combat these offenses, to take initiatives in cooperation with the municipalities to finance technical projects of placing cameras in public places, which would provide opportunities for a more serious operational approach to detecting possible preparators. These proposals came as ideas from the investigative units themselves, as it is estimated that robbers are often removed from the crime scene through roads not covered by video monitoring. PIK appreciates the initiatives that in cooperation with the community in the


implementation of the Community Policing Strategy, many areas have managed to implement projects to cover areas with video monitoring in public places. Such initiatives should be even more evident. PIK supports such initiatives and deems it necessary to place cameras on the entry and exit roads, which may be roads where robbers use them for their criminal purposes. Such a monitoring system is evident in the municipality of Ferizaj , where the monitoring of views of the main city streets is managed by the RPD. 3.3.4. The PIK has visited the Training Division to inform them with the training of police officers in the fight against crime, with a particular emphasis on gun robberies. PIK has recognized that the Training Division since basic police training and continually trains police staff on police safety in various situations. When checking the training program files in the Training Support Directorate regarding basic training for new police officers, it is seen that topics related to situations where police officers face robbery offenses . PIK found that the file case also covers topics such as: police security, the use of force, police survivors' skills, crowd control, public safety management, response to serious incidents, police support for organizations, outside institutions police, alerting and responding to banks, incident management by patrol police, scene management, scene operations, vehicle stoppage, arrest of high-risk persons, use of firearms by police officers, action at the scene of crime, familiarity with material evidence, forensic techniques - fingerprints, micro-traces, scene inspection, re-certification for firearm use, intervention and conflict behavior under different circumstances, self-awareness, protective tactics and critical incident management. Specialist Unit training addresses topics such as: predatory theft and robbery, scene management, arrest and detention, investigations of robbery and predatory theft, some offenses against life and the body. The Training Division, in cooperation with all RPDs, annually holds in-house trainings, which cover the above topics. PIK appreciates treatment-response plans when intervention is required and encourages the Training Division (Curriculum Development Unit) to plan and deliver advanced training based on technological developments on the identification - treatment of robberies. 3.3.5. Due to the increase in the number of these offenses, on the recommendation of the Department of Operations, the Training Division has started training on the use of AK-47 and MP-5 weapons for RPD-Prishtina officers with several police stations, RPD - Peja some police stations as well as officers of the Gjakova Police Station. Also, by mid-January this year, the implementation of the new police training program has begun, which includes many learning modules, where cadets will learn in addition of using the Glock gun, and how to use AK long-range weapons. -47 and MP-5. They will also learn how to defend themselves in the event of a gun intervention or threat, a bank alert response, etc. The PIK appreciates these initiatives in the Police aimed at enhancing security for police officers in crime prevention, investigation and detection, as well as overall security.


4. Plan for fullfillment of recommendations

4.1. Plan for fulfillment of recommendations 4.1.1. On the basis of the findings, the PIK has made a number of recommendations and following comments provided by the police management at the closing meeting on date 06.05.2019, it has been decided that the recommendations will be implemented according to the Action Plan presented in the table below.

No. Recommandations Priority level

Comments from the police structure

Action plan

1. PIK recommends the police officers and police units of the stations and regional directorates for providing of informations regarding the threats for public security, to deepen cooperation and partnership with the citizens, businesses, associations, security forums in order to make possible their contribution toward creating a safe life environment.

-I- We agree with this recommendation and the RPDs are instructed to increase cooperation with relevant partners in this area

June 2019

2. PIK recommends to the Centers of Regional Communication and Operations to apply the format of daily event logs that provide a wider inclusion of information on daily events, in order to provide more complete information on police activities related to the cases of alleged criminal offense

-I- Even in some RPDs this log is maintained regularly and we will take urgent measures to implement this in every Operating Center.

June 2019

3. PIK recommends that police station commanders and first police officers on the crime scene exercise effective supervision over their superiors regarding the undertaking and reporting of necessary actions at the scene, in accordance with the Standard Operating Procedure - General Police Actions at the crime scene, so that such actions contribute to the process of investigation and detection of perpetrators.

-I-. SOPs will be followed up and the oversight of reports by supervisors shall be increased.

June 2019

4. PIK recommends the leaders of the forensic units and investigators of these responsible units for the management and treatment of the crime scene to exercise more effective supervision and increased caution when completing tasks at the crime scene regarding the complement of case files in accordance with the law in force.

-I- June 2019


5. PIK recommends to the Head of Regional Investigations Sectors within the Regional Directorates of Police in the South Mitrovica, Prizren, Ferizaji, Gjilani in treatment of criminal offences of Armed Robbery and to mobilize more vigorously in investigating and detecting their perpetrators, increasing efficiency in handling open cases, and contributing to increase public safety and police image.

-II- It will intensify, compare the efficiency of regional investigators..

December 2019

6. PIK recommends the Department of Support Services that in cooperation with police units of RPDs engaged in preventing, investigating, detecting the criminal offences to identify their needs in order to provide optimal technical conditions for efficient work, this way focusing the necessary working tools as technical equipments ,cars or long guns.

-III- Demand for logistics equipment and other tools needed for SHRs will be raised in particular for cars with civil plates and other specific equipment.

June 2020

ministry of internal affairs

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