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Presumably Dereliction of Duty

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In the case of Chief Inspectors Raoul Hellings and Sergio Gentle, there is reasonable suspicion that they have committed serious neglect of duty or a serious criminal offence. The parliament was informed today by Minister Kenneth Amoksi of Justice and Police (Juspol) that due to the negligence of the two inspectors a decision has been made to remove them from their duties. Several parliamentarians have asked why the two chief inspectors who are also Organic Movement leaders have been removed from office.

Furthermore, there is a reasonable suspicion that Hellings and Gentle have been guilty of crimes, namely insulting public authority, incitement and disturbance of public order as respectively described in Articles 173, 177, 179 of the Criminal Code. Hellings and Gentle have been suspended so that a disciplinary and/or criminal investigation can be conducted against them. If necessary, the termination of employment can be extended by one week by the Juspol minister, subject to the possibility of suspending the person concerned in accordance with Article 66 paragraph 2 under a and b of the Personnel Act.

Amoksi indicated that in a disciplined corps it cannot be allowed that those involved are illegally absent from the service. Facts and circumstances show that the absence has nothing to do with illness, but the holding of protest actions and, incidentally, no permit was applied for. Furthermore, it is not allowed that those involved have used official vehicles in an improper manner during the protests, while the service is devoid of means of transport. These vehicles are supplied with fuel at the expense of the state. These and other actions lead to a blurring of standards within the force, which should not be accepted.

Failure to take measures against those involved will also undermine the authority of the force management and encourage anarchy within the force. “Corrective action is therefore important”, emphasizes Amoksi. If police officers are guilty of conduct and/or acts that are in conflict with their oath of office, official instructions, code of conduct that apply to them and other laws and regulations, then pursuant to Article 39 of the Police Charter, if there is reasonable suspicion that this is the case, such a police officer is guilty of a serious criminal offense or serious neglect of duty, the chief of police will remove him from his position in order to give the authority competent to suspend or impose sanctions the freedom to make a decision.

Amoksi argued that the resignation is a competence of the chief of police and the Minister of Justice and Police. This is common practice within the police organisation. Without a resignation, the research can be hindered or influenced.



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