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IN the post 9/11 scenario in countries coping with terrorism, the police can no longer remain restricted to traditional preventive and detection roles. They must also act as combatants and protectors of human rights. Every police service requires a counterterrorism and human rights apparatus. In the developing world, human rights and policing often find themselves in conflict but in the civilised world policing and human rights are two sides of the same coin.
Policing without observing human rights is incomplete policing. Good governance requires the transformation of a coercive model of policing into a humane service. All police actions are closely linked with basic human rights, and therefore the image of the police is directly proportionate to their respect for human rights.
Accountability ensures professional policing. In times of yore, Control Yuan in China, the Tribuni Plebis in Rome, the ombudsman in Sweden and parliamentary commissions in England monitored the police.
Apart from apolitical civilian oversight, accountability requires more transparency and openness in policing. Prior to the Police Order 2002, we were policing without an institutional public safety mechanism. The police order introduced public safety commissions and a complaint authority but these bodies have yet to flex their muscles.
Unfortunately, numerous amendments were made regarding the composition and functions of public safety commissions in Pakistan. If such bodies are to be filled with those who were responsible for the current policing model, inhuman though it is, then what is the need for cosmetic arrangements?
The autonomy of such bodies will protect human rights. Funding them requires special attention. The allocation of public safety funds will improve human rights indicators. These bodies must be vested with investigative powers. Further, before assuming the membership of civilian oversight, the capacity issue of the members must be catered for.
Owing to ineffective accountability mechanisms in the police, human rights violations persist. The internal accountability of the police enjoys low public trust. Article 114 of the Order requires that the IGP draft a code of conduct. Upon contravention, the police officer can be removed or suspended from service. But despite the lapse of a decade a code of conduct is yet to be drafted and implemented by all provincial police departments.
According to Article 3 of the Police Order, every police officer is bound to “behave with members of the public with due decorum and courtesy”. Respect for human rights enhances the effectiveness of the police. But this protective role can only be attained by improving the work station environment, training and accountability.
Last year, human rights officers were appointed in 13 police stations of Islamabad. Such initiatives always proved cosmetic as they had no dedicated individuals and were devoid of institutional and monitoring mechanisms. Such individual-driven initiatives are often closed down with the departure of its exponents. The protection mechanism provided for in the Police Order 2002 must be implemented in letter and spirit.
The police subculture often defeats accountability. Supervisory tiers need to understand that accountability is their prime responsibility .The majority of even good officers overlook this aspect as they do not want to lose popularity with their peers. Further reduction of the discretionary powers of police officers will also improve human rights indicators.
Chapter one of the Constitution, from Article 8 to 28, protects fundamental rights but these ideals need to be translated at the police station level. Article 14 (2), for example, prohibits torture: “No person shall be subjected to torture for the purpose of extracting evidence.”
Pakistan has signed the Convention against Torture (CAT) but there are still numerous complaints regarding torture in custody. It is employed to extract confessions or effect the recovery of stolen property. The police curriculum needs attention at the national level and synchronising with domestic laws and CAT.
Victims are often reluctant to report torture as the complaint also goes to the police. The disposal of human rights complaints must not be solely at the discretion of the police management. The complaint disposal mechanism should have a victim-centric approach and an apolitical composition.
True understanding of human rights requires a two-way dialogue. Society must also try to understand the pressures and limitations of the police. The leadership must decide whether they prefer a police that commands fear or is respected.
Society must also think about why the police violates human rights. In Pakistan, policing is an extremely hazardous profession. While policing, the majority of policemen experience danger, discomfort and anxiety. Since 2007, in KP alone, 751 policemen have sacrificed their lives in the line of duty.
To win the public trust it is vital that police powers and functions are regulated by human rights.
The writer is a deputy inspector general of the police.
