THE tough approach taken by the High Court on the issue of custodial deaths is welcome and encouraging. The hard stance it has adopted toward the police, through warning them that not only must such deaths not recur but also that earlier deaths be investigated in full should go a long way in ensuring the rule of law. The tragedy, indeed the irony for us has been that those responsible for ensuring the security of citizens' lives are today themselves putting an end to some of those lives with impunity. We have said repeatedly, and so have others, that the death of any individual in RAB or police or any other custody is not only a violation of human rights but also plain murder on the part of the security and law and order forces. The most unfortunate aspect of it all is that neither the police nor RAB have taken such truths into consideration. Worse, their actions have been defended in various semantic ways by successive governments since the middle of the decade. In the end, it is the country which has been shamed before its own citizens and before global conscience.

Now the High Court has moved to put a leash on the police. We consider it an opportunity to create the conditions for a prevention of such extra-judicial deaths occurring again. But, of course, we remember only too well that earlier directives by the judiciary regarding the murder of citizens in custody have all been ignored. This time round, the High Court must ensure that the police demonstrate not only a high degree of accountability in their actions but also convince the nation that they can return to being a disciplined force at the service of citizens. Such accountability and discipline have not been observed in the deaths of the three men who recently died in police custody. What makes it worse is the deliberate attempt by the police authorities to put a spin on the tragedy by suggesting that the three men were involved in criminal activities. That is as outrageous as it is reprehensible. Besides, even if someone is accused of a crime, no one, not even the police or RAB, has the right to do away with the life of that individual. To ensure that it does not happen again, there must be in place a built-in mechanism that will stop the law-enforcers from encroaching on the rights of citizens.

The High Court directive makes a good number of relevant points the police must study and follow to the letter. We are particularly happy knowing that it has asked the department to go through newspaper editorials and articles on extra-judicial deaths and then go for corrective action. We also believe that it is now of critical importance that an impartial investigation into the three deaths be conducted, a full report be prepared and the report made available to the public in its entirety. There must be no hushing up. Those guilty must be given exemplary punishment as deterrence for the future.

Meanwhile, we believe the National Human Rights Commission, which has adopted a strong position on the custodial deaths in question, must be so empowered and must so function as a watchdog that public expectations of it are not belied. It must cast its net far and wide in the job of ensuring human rights in the country.