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by Lionel Gulawita Diriya Foundation

Appointing an independent Police Commission is an important milestone in Sri Lanka's liberal democracy and the development of human rights. For all people and the human rights enthusiasts in particular, the event is a long felt need to keep away the politicians from using Police Department as the cat's paw to punish or take revenge on whomsoever they wished.

Often the blame goes to the police in most of the cases of human rights violations in every part of the country. Quite a number of police officers have been found guilty of the complaints made in the rights application filed against them in the Supreme Court.

Understandably, and as reported in the media, rights violations in many instances include cruel, inhuman and degrading punishments meted out to the blameless through most innovative methods. In Sri Lanka, the land where human rights are held with respect, some police personnel have allegedly invented perhaps many more ways to penalise the innocent than it were during the days of King Sri Wickrema Rajasinghe when 32 methods of torture were said to have been in practice.

Some senior police officials themselves have openly admitted many a time that some police officers are in the habit of violating the law to the extreme and indulging in untoward activity.

Reportedly the Police Commission will deal with appointments, promotions, and transfers of police personnel. It will also administer the disciplinary procedure in the Department. This clears up only one type of 'politicisation', i.e. improper intervention and intrusion by the politician into the administrative functions of the Police Department. The people's aspiration in the establishment of the Police Commission, however, goes much further than that limited to the administrative functions.

The second type of 'politicisation' arises in relation to the human rights of the people. Undue arrests, detention, maltreatment false accusations with concocted evidence etc have taken place in many parts of the country.

Such rights violations filed with the Supreme Court and petitions addressed to Human Rights Commission and its regional offices are on the increase. A large number of complaints are also received by NGOs with human rights concerns from general public on injustices caused to them. Police Commission should be empowered to hear petitions from public against police excesses. For this it is necessary for the Government to enlarge the mandate of the Police Commission to enable it to deal with a more comprehensive role in the minimisation of violence, injustices, and misconduct by the police.

The people experience long inordinate delays by the Human Rights Commission over their complaints as it deals with human rights violations from all government ministries and departments. Special attention is necessary on complaints against the police. In many developed countries, Police Commissions deal not only with the administrative functions of the police, but also have established special units - Review Boards, to look into the people's complaints on rights violations.

This arrangement would ease out the workload of the Human Rights Commission. Police Commission could rid the Police Department of many evils and remove heartbreaking memories of misdeeds and the transgression of justice from the mind of the people. Aggrieved parties or community organisations should be able to petition the Commission against such indiscipline for redress.

The Commission should have the power to summon any officer or a member of public before it and assign to any authorised office for investigation, conduct enquiries and report on the complaints. The Commission should be empowered to impose punishment to the wrongdoers, subject to the right of the parties to appeal to the Supreme Court against the decision of the Commission.

Public Hearing Unit

In this manner the Government could restore the reputation of Police Department and build the confidence of the public. The people's rights guaranteed by the constitution to file a rights application before the Supreme Court should remain.

Similarly, the Commission should have the power to receive complaints from police personnel and listen to their injustices from within and any member or group of the community.

United Kingdom has 44 Police Commissions established in various towns. One Police Commission's chief in UK described the Commission as the "body between the Police Department and the public." If the Police Commission is to be made useful to the nation we must adapt appropriate principles and best practices of Police Commissions functioning in developed countries.

The term discipline does not necessarily connote punishment. In the case of police discipline, it is more the corrective discipline, which is more effective before misconduct, or mis-performance of duty takes place. The police personnel are at a disadvantage on many issues. They are expected to serve 24 hours a day. The duty-off is at the sole discretion of the OIC. There is no limit to the type of duties they should perform. Often they are called upon to be on duty under trying and strenuous circumstances.

There is also no adequate workforce to carry out numerous duties devolved on them. At the same time it is appropriate to find out what extra duties could be removed from the Police Department to create greater efficiency in the service.

Police personnel are not adequately trained. To promote the standard of law enforcement it is necessary that all in-service police personnel and the recruits under training at Police Training Colleges are trained on departmental ethics, importance of practising non-violence, leadership qualities, human fundamental rights, effective methods of investigation etc. which are some of the subjects of the new suggested curriculum for the training of police personnel to improve their skills and capacity.

Improper leadership too is responsible to a great extent for indiscipline in the police force. If the higher officials are exemplary, the others down the line will follow them, conduct themselves well and uphold the supremacy of the law.

All personnel need be trained to build his self-esteem and through that a fitting personality for himself and be above board at all times. They should be provided guidance to imbibe the qualities of a good investigator.

They should know and be aware how best to conduct investigations without resorting to violence, threats, bullying or intimidation on the suspect. Going before the court of law, the investigator who becomes a prosecution witness has very often than not, to establish his integrity before the police tries to prove charges levelled against the accused. Therefore the above prerequisites go a long way in making one a successful investigator.

Interrogation

Skill at interrogation is an art that could be cultivated only by a person with the above qualities. Those lacking in the said reputation resort to violence to secure clues on the committed offence. We have come across some police officers who reason out that they have to 'treat the suspects' properly to get the truths out.

This assertion is illogical and the treatment they refer to is uncivilised. Penetrating interrogation by a trained investigator could make the suspect reveal his guilt and the modus operandi. There is no need for the police to act the role of a punisher or torturer to elicit information from them. In advanced countries, interrogation is sometimes assisted by polygraph or the 'lie detector'. Polygraph monitors detect the suspect's physical changes due to his emotional conditions. The physical changes are next analysed and interrelated against the relevant questions put to the suspect to find out the veracity of his answers.

When a suspect is taken in, it is necessary to hold a background enquiry by the OIC to check back whether the police has arrested the wanted man. It is fruitless and unjustifiable to produce an innocent person before court, without knowing whether the suspect is the wrong doer. It should be made compulsory for the OIC to submit a brief report to the magistrate on the results of his background enquiry.

This may enrich the general opinion on the offence, the suspect is alleged to have committed and also establish a justifiable police norm.

In major cities in the world 24 hour electronic surveillance equipment is installed in key locations and vulnerable areas. Surveillance system plus dependable traffic lights with centre-controls too may enable the police to manage traffic duties more efficiently without deployment of police personnel. The police patrol system too should be simultaneously improved with accepted methodology.

Generally in say, Singapore or Sydney, one rarely sees a policeman on the street. Yet on a telephone call, within 5 minutes two officers rush either on motorcycle or automobile or even the helicopter (sometimes for rescue operations or tactical assignments), ready with necessary gear and to record, investigate or even to hold a background inquiry on the spot against the offenders before they are either arrested or warned and released.

One can also see officers guarding the telecommunication equipment installed in the street corners and railway platforms surreptitiously. The shopping mall keepers in these cities are exceptionally courteous to their customers.

They leave the customer alone and trust him. The keeper does not even try to carry out body checks. But thieves are unmistakably caught by surveillance technology and straight away handed over to the police. Kleptomania is not recognised as a reason for mitigation of the offence.

Court procedure is hassle free and a heavy fine is certain. One has the unlimited, wonderful freedom in these developed countries to that extent that the policeman acts fair without mischief and causing any hindrance to another.

This type of police culture provides many lessons to the public to improve their own discipline and demeanour.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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