The objective of the policy paper is to identify 'recent developments in the field of private security companies in CoE member States including examples of good practices and ways and means to enable an exchange of the practices in question.In addition, the study analyses existing regulation at the European level, i.e. among member states of the EU and the CoE, aiming to identify strengths and weaknesses at both the European and national level. Self-regulation will also be discussed. In particular, the study addresses the following aspects of the functioning of PSCs:
- Regulation at the European level – among members of the EU and CoE;
- Existing roles and tasks of private security companies;
- Links between private security companies and public police;
- Control and accountability of private security companies;
- Entrance requirements (licensing of PSC personnel);
- Selection and recruitment of private security personnel;
- Training of private security personnel;
- Identification of private security personnel;
- Use of force and firearms by private security personnel; and,
- Search and seizure powers of employees of private security firms.7
The study covers these issues for each of the 46 member States of the CoE, but does not deal with observer states. The abundance of literature in this field has led to the decision to base this analysis on existing available research. It is necessary to underline, however, that the data on which this study is based varies in terms of its quality. The 'Panoramic Overview' for instance, represents a formal picture of the state of the legislation in several CoE countries; however, it does not contribute to clarifying the understanding of the conduct of PSCs in practice. Therefore, although it provides an idea of the numerous regulations that are in place in each country, it does not tell us whether the rules are strictly implemented and enforced in practice. The Confederation of European Security Services (CoESS) report on a 'Comparative Overview of Legislation' attempts to provide some guidance as to how strictly countries adhere to the regulations. The South
Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) study presents an interesting survey of the legislation of PSCs in South Eastern Europe (SEE) and attempts to clarify the relationship between the conduct of PSCs and different aspects of human rights.
Council of Europe member States which have not been exhaustively covered by previous research reportsinclude Russia, Ukraine, Georgia, Azerbaijan and Armenia. In order that these countries not be excluded from this study, general academic research as well as existing DCAF research, as far as it exists on PSCs in these five Council of Europe member States were surveyed. Of these five countries,some detailed research was available on Russia, Ukraine and Georgia; however, considerably less was available on the function and regulation of PSCs in Azerbaijan and Armenia.
The study focuses on PSCs based and operating in the CoE member States; private military and security companies operating outside the CoE region fall outside the scope of this study. It is important to note that 'military versus security' private companies is a problematic dichotomy with many overlaps, an example being the fact that some private security companies might use military training methods and, vice versa, military companies might perform policing functions in conflict and post-conflict zones. Nevertheless, the focus here remains on private security companies with a non-public police function. The following private security functions can be distinguished, among others:
- Prevention or detection of intrusion, unauthorized entry or activity, vandalism or trespassing on private property. This group of activities includes patrolling, guarding of private property, guarding of (nuclear) power plants, military installations and airport security;
- Prevention or detection of theft, loss, embezzlement, misappropriation or concealment of merchandise, money, bonds, stocks, notes, valuable documents or papers, for example, protection of cash in transit;
- Protection of individuals from bodily harm, e.g. bodyguards;
- Adherence to, and enforcement of, established company rules, regulations, measures, policies and practices related to crime reduction;
- Maintaining public order at events (concerts, football matches);
- Reporting and apprehension of violators;
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