The Police and the Protection of Human Rights
In order to improve the relationship between law enforcement
bodies and the society, basic factors should be considered:
First- the nature of the law itself,
any unjust law implemented by the police could lead to confrontation
with the public. What we are concerned with is the rational Law
that abides by justice and conforms to human rights standards. Thus,
it is important to determine the nature of the law, and answer the
question , ( What should a policeman do if an article of the law
allows or pushes him, to behave in a manner that is regarded as
unjust in the eyes of the rest of the world? ) For example, the
right to protest?and assemble is granted internationally, and if
this right is not prohibited, the policemen should have no problem.
However, if protesting is banned – which is the case in some countries-
the police might resort to dispersing the crowd by violent means
which could include shooting.
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Second- re-considering the nature
of the relationship between the society and the police in the context
of the way each of them view the other , for example in some countries
people perceive the police force as an intimidating and aggressive
group which terrorises people and supports despotism. They do not
believe that the police are there to protect the security of the
individuals and public interest or protect their rights according
to the law and constitution, while the police in the said countries
view some?elements of the community as though they are suspects
or criminals who have no rights and should be punished by the police
itself and not through the justice system.
Third- If the citizens enjoy their
full rights based on the law and constitutions and international
bill for human rights, they would obviously not feel the need to
rebel or resort to violence. If anyone did so, the public would
not side with them or condone their actions. Law enforcement personnel,
mindful of their duty towards protecting the citizen’s rights are
required to deal with any breaching within the law and not through
violating it themselves as this will be regarded as another contravention
to the loc?l laws and regulations, the Constitution and to the human
rights themselves.
Law should be respected and the job of a policeman is to protect
the law and deal with those who breach it. However, rectifying a
mistake by committing another will only lead to more serious complications,
even if the guilty policeman was shielded from prosecution. Dealing
with violators does not require partial or total deviation from
the law. In fact violating human rights by the police makes enforcing
the law even harder.
Following are Some of the most serious consequences
of the breach of the law by policemen:
1/ police excesses would inflame the civil unrest rather than
calm it down. It will also alienate the police from the community
thus jeopardising any prospect of a much needed cooperation between
the two in the field of crime prevention for the sake of marinating
the civil peace. The policeman should be seen by the community as
the guardian and protector of human rights, but if transgressions
continue, the police force will be viewed differently.
2/ transgressions by law enforcement officers are more serious
than those committed by ordinary individuals, that is because they
undermine public trust in the state apparatus and weaken the latter’s
ability to perform their duties. Justice would then be sacrificed
and pushed out of the reach of deserving victims. The innocent becomes
guilty while the guilty one is released. Fair and effective trials
falter, as the judiciary loses its respect and the State its prestige.
law enforcement officers’ respect for human rights would not
only earn them the respect of the community, but also its gratitude
and national pride , that is because , then , the law would have
been upheld and the commitment to the citizen’s rights have been
fulfilled and also because the police force has integrated well
in the community by not imposing itself via coercive means and the
instilling of fear , but rather through a genuine desire and effort
to establish a relationship with the community that w?uld earn it
the latter’s respect and acknowledgement of the significance of
the responsibilities it shoulders . The community, by assisting
the police force in conducting its duties, demonstrates the conviction
that there is a shared destiny and a mutual benefit and interest
in working together in the field of crime prevention.
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