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STRAIGHT LINE

Human rights and deviations in law enforcement

Muhammad Nurul Huda
IN view of the much-discussed
Limon affair and other alleged infractions of human rights by state agencies, a considered dis-
cussion of the above subject assumes significance. Practically speaking, the basic principles of human rights need to be firmly established as a constructive bridge building discourse between police and society.
To many, it would appear that the police’s only notion of human rights is in a negative context, where they are the adversary. This leads to a reactive attitude of disparagement of human rights among the police. For them the human rights discourse only serves to give impunity to the bad hats and accuse energetic officials who are defending society.
The police claim to be rights providers and nobody would deny that. Quite a good number of them risk their lives trying to protect the fundamental right of security for society. Therefore, it is only natural that they understand the importance of human rights from a strategic perspective. In other words, the demonstration of respect for human rights should be strategically advantageous.
On a point of illustration, the organisation has to appreciate that persistent violence and corruption and the perceived impunity of state agencies to commit human rights abuses contribute to a lack of confidence in criminal law enforcement system. The impunity has the debili- tating effect of distancing the population from the enforcers, resulting in low levels of police-public cooperation and the growth and sustenance of vigilante action. One could also witness dubious private security initiatives.
At the other end, the human rights discourse should be broad-based to include human rights abuse that is perpetuated because of absence of police. Human rights advocates have to forge alliances with the police with a view to encouraging them to become human rights defenders.
On a practical level, in respect of summary executions, the focus for intervention should be on the environment of the justice system. Com-
ing to specifics, legal loopholes, inefficiencies and corruption have to be addressed from the principle of providing justice. This would reduce the incentive for enforcers to resort to their own interpretations of "Dirty Harry" style justice.
The enforcement situation on ground is admittedly complex; and both the law enforcers and the rights advocates know the difficulties that exist between establishing principles on the one hand and applying them on the other. The political will has to be established along with embarkation of long-term plan with a multifaceted approach and adequate financial resources. The primacy of political will lies in the fact that it is at the level of government that law is established. It is thus impossible not to evaluate this aspect when one is considering the subject of human rights and law enforcers. It has to be remembered that the police are required in accordance with law, and it is the law that establishes the condition in which they operate.
The government needs to remind itself that the major contentious issue is the non-respect of basic human rights insofar as it relates to treatment of suspected persons and prisoners. There is a pressing need to effectively establish internationally applicable principles in relation to
human rights. Such establishment cannot be meaningful unless there is an adequately empowered control mechanism to ensure that.
The political authority has to make sure that the right conditions are created for human rights to be as fully respected as possible. This is important for establishing the conditions in which police are to operate, bearing in mind the actions within the respect of the law.
In order to properly protect human rights the principle of immediate access to a lawyer to consult in confidence is essential. Similarly, access to information to help in preparing a defense should not be restricted. These are issues that could be resolved by simple changes in legislation, and would facilitate in creating transparency and clarity and also justify police action.
Actions by state agencies have to be within the limits placed by law and, for the public, justice must be done and seen to be done. Protecting human rights should be a core function of policing. The organisational culture has to be grounded on human rights standards as a fundamental value.
There has to be an appreciation that the police are only one aspect of a broader public security context. Therefore, there is a distinct possibility that focusing on the police and human rights may obscure the human rights discourse from wider human rights abuses that arise from a lack of security.
In the end, the law enforcers have to ask and ponder if there is a legal basis for their actions. Further, if that legal basis is in statutes or regulations, and its availability to members of public. They have to demonstrate that actions were proportionate to the threat or problem sought to be prevented. Equally important is the relevance and necessity factor with regard to action.
Human rights have now become an inevitable part of democratic way of life and there is a collective responsibility to ensure that the Universal Declaration of Human Rights is truly universal. However, the issue is essentially a question of human behaviour, which cannot be resolved by legislation alone.
The writer is a columnist of The Daily Star.