Poliisin salaiset tiedonhankintakeinot ja yksityiselämän suoja

Tutkimuksessa selvitetään ensinnäkin, mitä vaatimuksia yksityiselämän suoja osana perusoikeusjärjestelmää asettaa poliisin salaisia tiedonhankintakeinoja koskevalle lainsäätämiselle. Tutkimuksessa selvitetään lisäksi, miten nykyinen lainsäädäntö vastaa yksityiselämän suojasta seuraaviin vaatimuksiin, ja miten lainsäädäntöä tulisi mahdollisesti kehittää, jotta se paremmin vastaisi näihin vaatimuksiin. Perus- ja ihmisoikeuksien merkitys on lisääntynyt myös lain soveltamisen osalta, ja tästä syystä tutkimuksessa selvitetään, mitä vaatimuksia perusoikeusjärjestelmä asettaa salaisia tiedonhankintakeinoja koskevalle lain soveltamiselle. Tutkimuksen kohteena on pakkokeinolain (806/2011) 10 luvussa säädetyt keinot, joita käytetään rikosten selvittämiseen sekä poliisilain (872/2011) 5 luvussa säädetyt keinot, joita käytetään rikosten estämiseen ja paljastamiseen. Tässä tutkimuksessa perusoikeusjärjestelmän kokonaisuuden perusteella määrittyy se, millä ehdoilla ja missä laajuudessa salaisten tiedonhankintakeinojen käyttö on mahdollista. Tutkimuksessa selviää, että salaisia tiedonhankintakeinoja koskevaa sääntelyä tarvitaan nimenomaisesti tietyistä asiakokonaisuuksista. Kun tiedonhankintakeinojen käyttöön liittyviä intressejä pyritään sovittamaan yhteen, pelkkä punninta ei ole riittävää, vaan tärkeää on havaita, mitkä konkreettisemmat tekijät vaikuttavat ratkaisun tekemiseen lainsäätämisessä ja lain soveltamisessa. Ihmisarvon loukkaamattomuutta kunnioittavassa oikeusvaltiossa sääntelylle asettuu myös tiettyjä ehdottomia rajoja. Tutkimuksessa selviää myös, että tutkimustietoa eri tiedonhankintakeinojen tehokkuudesta tulisi saada lisää, jotta voidaan paremmin arvioida eri keinojen oikeasuhtaisuutta. Joidenkin tiedonhankintakeinojen edellytykset on muotoiltu niin, että on kyseenalaista, toteutuvatko luottamuksellisen viestin salaisuutta koskevan lakivarauksen vaatimukset. Tulisi myös pohtia, tarvitaanko ainakin joidenkin keinojen osalta hankittujen tietojen käsittelemistä ja hävittämistä valvomaan jokin poliisin nähden ulkopuolinen taho, jotta yksilön oikeusturva voitaisiin turvata paremmin. Jatkossa tulisi edelleen kiinnittää huomiota myös siihen, että tiedonhankintakeinoja koskevien lupapäätösten ja -hakemusten perustelut ovat riittävät. Eduskunnan oikeusasiamiehen suorittama valvonta on ollut merkittävää yksilön oikeusturvan toteutumisen kannalta. Vaikuttaa kuitenkin siltä, että erillisen valvontaelimen perustaminen olisi tärkeää, jotta voitaisiin varmistaa tiedonhankintakeinojen riittävän perusteellinen valvonta.

Understanding the Racial Nature of Police and Immigrant Relations In Finland. The Case of Africans in Turku

The focus of this study is to examine the role of police and immigrants’ relations, as less is known about this process in the country. The studies were approached in two different ways. Firstly, an attempt was made to examine how immigrants view their encounters with the police. Secondly, the studies explored how aware the police are of immigrants’ experiences in their various encounters and interactions on the street level. An ancillary aim of the studies is to clarify, analyse and discuss how prejudice and stereotypes can be tackled, thereby contributing to the general debate about racism and discrimination for better ethnic relations in the country. The data in which this analysis was based is on a group of adults (n=88) from the total of 120 Africans questioned for the entire study (n=45) police cadets and (n=6) serving police officers from Turku. The present thesis is a compilation of five articles. A summary of each article findings follows, as the same data was used in all five studies. In the first study, a theoretical model was developed to examine the perceived knowledge of bias by immigrants resulting from race, culture and belief. This was also an attempt to explore whether this knowledge was predetermined in my attempt to classify and discuss as well as analyse the factors that may be influencing immigrants’ allegations of unfair treatment by the police in Turku. The main finding shows that in the first paper there was ignorance and naivety on the part of the police in their attitudes towards the African immigrant’s prior experiences with the police, and this may probably have resulted from stereotypes or their lack of experience as well as prior training with immigrants where these kinds of experience are rampant in the country (Egharevba, 2003 and 2004a). In exploring what leads to stereotypes, a working definition is the assumption that is prevalent among some segments of the population, including the police, that Finland is a homogenous country by employing certain conducts and behaviour towards ethnic and immigrant groups in the country. This to my understanding is stereotype. Historically this was true, but today the social topography of the country is changing and becoming even more complex. It is true that, on linguistic grounds, the country is multilingual, as there are a few recognised national minority languages (Swedish, Sami and Russian) as well as a number of immigrant languages including English. Apparently it is vital for the police to have a line of communication open when addressing the problem associated with immigrants in the country. The second paper moved a step further by examining African immigrants’ understanding of human rights as well as what human rights violation means or entails in their views as a result of their experiences with the police, both in Finland and in their country of origin. This approach became essential during the course of the study, especially when the participants were completing the questionnaire (N=88), where volunteers were solicited for a later date for an in-depth interview with the author. Many of the respondents came from countries where human rights are not well protected and seldom discussed publicly, therefore understanding their views on the subject can help to explain why some of the immigrants are sceptical about coming forward to report cases of batteries and assaults to the police, or even their experiences of being monitored in shopping malls in their new home and the reason behind their low level of trust in public authorities in Finland. The study showed that knowledge of human rights is notably low among some of the participants. The study also found that female respondents were less aware of human rights when compared with their male counterparts. This has resulted in some of the male participants focussing more on their traditional ways of thinking by not realising that they are in a new country where there is equality in sexes and lack of respect on gender terms is not condoned. The third paper focussed on the respondents’ experiences with the police in Turku and tried to explore police attitudes towards African immigrant clients, in addition to the role stereotype plays in police views of different cultures and how these views have impacted on immigrants’ views of discriminatory policing in Turku. The data is the same throughout the entire studies (n=88), except that some few participants were interviewed for the third paper thirty-five persons. The results showed that there is some bias in mass-media reports on the immigrants’ issues, due to selective portrayal of biases without much investigation being carried out before jumping to conclusions, especially when the issues at stake involve an immigrant (Egharevba, 2005a; Egharevba, 2004a and 2004b). In this vein, there was an allegation that the police are even biased while investigating cases of theft, especially if the stolen property is owned by an immigrant (Egharevba, 2006a, Egharevba, 2006b). One vital observation from the respondents’ various comments was that race has meaning in their encounters and interaction with the police in the country. This result led the author to conclude that the relation between the police and immigrants is still a challenge, as there is rampant fear and distrust towards the police by some segments of the participating respondents in the study. In the fourth paper the focus was on examining the respondents’ view of the police, with special emphasis on race and culture as well as the respondents’ perspective on police behaviour in Turku. This is because race, as it was relayed to me in the study, is a significant predictor of police perception (Egharevba, 2005a; Egharevba and Hannikianen, 2005). It is a known scientific fact that inter-group racial attitudes are the representation of group competition and perceived threat to power and status (Group-position theory). According to Blumer (1958) a sense of group threat is an essential element for the emergence of racial prejudice. Consequently, it was essential that we explored the existing relationship between the respondents and the police in order to have an understanding of this concept. The result indicates some local and international contextual issues and assumptions that were of importance tackling prejudice and discrimination as it exists within the police in the country. Moreover, we have to also remember that, for years, many of these African immigrants have been on the receiving end of unjust law enforcement in their various countries of origin, which has resulted in many of them feeling inferior and distrustful of the police even in their own country of origin. While discussing the issues of cultural difference and how it affects policing, we must also keep in mind the socio-cultural background of the participants, their level of language proficiency and educational background. The research data analysed in this study also confirmed the difficulties associated with cultural misunderstandings in interpreting issues and how these misunderstandings have affected police and immigrant relations in Finland. Finally, the fifth paper focussed on cadets’ attitudes towards African immigrants as well as serving police officers’ interaction with African clients. Secondly, the police level of awareness of African immigrants’ distrustfulness of their profession was unclear. For this reason, my questions in this fifth study examined the experiences and attitudes of police cadets and serving police officers as well as those of African immigrants in understanding how to improve this relationship in the country. The data was based on (n=88) immigrant participants, (n=45) police cadets and 6 serving police officers from the Turku police department. The result suggests that there is distrust of the police in the respondents’ interaction; this tends to have galvanised a heightened tension resulting from the lack of language proficiency (Egharevba and White, 2007; Egharevba and Hannikainen, 2005, and Egharevba, 2006b) The result also shows that the allegation of immigrants as being belittled by the police stems from the misconceptions of both parties as well as the notion of stop and search by the police in Turku. All these factors were observed to have contributed to the alleged police evasiveness and the lack of regular contact between the respondents and the police in their dealings. In other words, the police have only had job-related contact with many of the participants in the present study. The results also demonstrated the complexities caused by the low level of education among some of the African immigrants in their understanding about the Finnish culture, norms and values in the country. Thus, the framework constructed in these studies embodies diversity in national culture as well as the need for a further research study with a greater number of respondents (both from the police and immigrant/majority groups), in order to explore the different role cultures play in immigrant and majority citizens’ understanding of police work.

Hybrid warfare – just a twist of compound warfare? : views on warfare from the United States Armed Forces perspective

The wars the Western armies are involved with today are different from those that were fought in the end of 20th century. To explain this change, the Western military thinkers have come up with various different types of definitions of warfare over the last 30 years, each describing the tendencies involved in the conflicts of the time. The changing nature of conflicts surfaced a new term – hybrid warfare. The term was to describe and explain the multi-modality and complexity of modern day conflict. This thesis seeks the answer for the question: what is the development of thought behind hybrid warfare? In this thesis the Vietnam War (1965-1975) is used as an example of compound warfare focusing on the American involvement in the war. The Second Lebanon War (2006) serves as an example of hybrid warfare. Both case studies include an irregular opposing force, namely National Liberation Front in Vietnam War and Hezbollah in the Second Lebanon War. These two case studies are compared with the term full spectrum operations introduced in the current U.S. Department of Army Field Manual No. 3-0 Operations to see the differences and similarities of each term. The perspective of this thesis is the American point of view. This thesis concludes that hybrid warfare, compound warfare and full spectrum operations are very similar. The first two terms are included in the last one. Although hybrid warfare is not officially defined, it will most likely remain to be used in the discussion in the future, since hybrid wars and hybrid threats are officially accepted terms.

Hezbollah and Taliban - hybrid adversaries in contemporary conflicts? : views on an adversary from the United States Armed Forces perspective

The experiences of the United States Armed Forces of the wars in Iraq and Afghanistan and Israel Defense Forces in the Second Lebanon War resulted a new term to surface called “hybrid warfare”. It was to describe the complexity of today’s battlefield. The term “hy-brid warfare” was never officially defined nor is it today. The updated version of the US ARMY Field Manual 3-0: Operations (Change 1) from February 22, 2011, introduced and defined “hybrid threat” and thus opened the discussion for hybrid adversary. In this thesis a model is introduced according to which any organization, group or an ad-versary can be examined and evaluated to see whether it qualifies as a hybrid adversary. It is demonstrated by the example of Hezbollah, which is recognized as the best example of an organization utilizing “hybrid warfare” and subsequently categorizing as a hybrid adver-sary. The model will be tested with Afghan Taliban to see whether both the model works and Taliban qualifies as a hybrid adversary or not. According to the model used in this thesis, it is concluded that Taliban does not meet the standards of a hybrid adversary, but with acquisition of standoff weapons it would quickly qualify as one. The model proved to work, and it could be used as a tool by intelligence of-ficers for estimating the threat levels of any group or identifying those groups that are al-ready or are about to develop into a hybrid adversary.

The duality of tactical thought : a study of how Swedish land forces' commanders view tactics in irregular warfare

This is a sociological study of the views of officers in the Swedish Army and its Amphibious Forces on tactics in Irregular Warfare (IW), in particular, Counterinsurgency (COIN). IW comprises struggles, where the military weaker part uses an indirect approach with smaller units and integrates the civilian and military dimensions in a violence spectrum including subversion, terrorism, Guerrilla Warfare and infantry actions. IW is the main armed warfare style in insurgencies. COIN is the combined political, military, economic, social and legal actions in counter insurgencies. Data has been collected by means of interviews with almost all (n =43) officers, who were either commanding battalions or rifle and manoeuvre companies while undergoing training for general warfare and international operations. The main theoretical and methodological inspiration is the traditional one for research on social fields, inaugurated by the French sociologist Pierre Bourdieu. The statistical technique used is Multiple Correspondence Analysis. As a background and context base, an inquiry inspired by the Begriffsgechichte (Conceptual History) tradition explores the genesis and development of understandings of the term Irregular Warfare. The research question is outlined as; “how can contemporary Swedish military thought on tactics in Irregular Warfare be characterized using descriptive patterns, mapped in relation to background factors and normative standards? The most significant findings are that there are two main opposing notions separating the officers’ views on tactics in Irregular Warfare: (1) a focus on larger, combat oriented and collectively operating military units versus smaller and larger, more intelligence oriented and dispersed operating units, and (2) a focus on military tasks and kinetic effects versus military and civilian tasks as well as “soft” effects. The distribution of these views can be presented as a two-dimensional space structured by the two axes. This space represents four categories of tactics, partly diverging from normative military standards for Counterinsurgency. This social space of standpoints shows different structural tendencies for background factors of social and cultural character, particularly dominant concerning military backgrounds, international mission experiences and civilian education. Compared to military standards for Counterinsurgency, the two tactical types characterized by a Regular Warfare mind-set stands out as counter-normative. Signs of creative thought on military practice and theory, as well as a still persistent Regular Warfare doxa are apparent. Power struggles might thus develop, effecting the transformation to a broadened warfare culture with an enhanced focus also on Irregular Warfare. The result does not support research results arguing for a convergence of military thought in the European transformation of Armed Forces. The main argument goes beyond tactics and suggests sociological analysis on reciprocal effects regarding strategy, operational art, tactics as well as leadership, concerning the mind-set and preferences for Regular, Irregular and Hybrid Warfare.

Ball Bearing Model Performance on Various Sized Rotors with and without Centrifugal and Gyroscopic Forces

Bearing performance signi cantly a ects the dynamic behaviors and estimated working life of a rotating system. A common bearing type is the ball bearing, which has been under investigation in numerous published studies. The complexity of the ball bearing models described in the literature varies. Naturally, model complexity is related to computational burden. In particular, the inclusion of centrifugal forces and gyroscopic moments signi cantly increases the system degrees of freedom and lengthens solution time. On the other hand, for low or moderate rotating speeds, these e ects can be neglected without signi cant loss of accuracy. The objective of this paper is to present guidelines for the appropriate selection of a suitable bearing model for three case studies. To this end, two ball bearing models were implemented. One considers high-speed forces, and the other neglects them. Both models were used to study a three structures, and the simulation results were.