ABUSE OF POLICE AUTHORITY

In the recent past, this country has witnessed episode after episode of police misconduct and abuse on  social media and in the main stream news.

Numerous videos uploaded on social media have documented police officers, not excepting senior officers using excessive force on innocent and unarmed civilians in this country. These viral videos have been useful in capturing police misconduct and their brutality as and when they occur.  

Today practically everyone carries high quality smart phones and cameras and this has made it possible for anyone to capture police misconduct and their brutality often in real time and upload them to social media on the spot. The ability for the public to document on their electronic devices what is going on in the society is an important tool for holding powerful people such as law enforcement officers accountable for their misdeeds. Availability of such increasingly sophisticated and widely used electronic devices and other technologies has brought the issues of police misconduct and their brutality to the fore front so that holding errant police officers accountable for such misconduct has become an urgent national issue. 

Moreover, ubiquity of such electronic devices has enabled citizens to record many cases of police misconduct that would have gone unreported, unnoticed and unseen. In this connection, it should be stated that media play a very important role in the society as a source of information for everyone. 

   In the recent past, this country has witnessed episode after episode of police misconduct and abuse on the social media and in the main stream news. Police misconduct simply means illegal and inappropriate action on the part of an officer. It can range from assault, wrongful arrest, false imprisonment wrongful detention to extreme brutality such as murder. There have also been instances where police have used force on people for purposes unrelated to the law enforcement or crime investigations. They have been accused of using excessive force to dispose peaceful protests and nonviolent mass gatherings. This is all unacceptable in a democracy. 

Undoubtedly, police play an important role in the community by maintaining public order and safety and tranquility. By law the police have the right use force if necessary to make an arrest, to keep the peace or to maintain public order but in a democratic society the police are expected to control crime within the framework of the law. But they are expected to work within the confines of the law, to respect the liberties of all citizens, and proceed against suspects in accordance with the concept of due process. Throughout the law enforcement processes of detection, apprehension, and arrest, police officers are required to perform their tasks in ways that conform to the law as specified in the Constitution, departmental regulations and the interpretations of the courts. 

 
The ideals of the rule of law and principles of natural justice aim to ensure that justice is accorded to all citizens and that officials of the State do not use their power to thwart the law. In all the police practices namely search, seizure, arrest, and interrogation are specially designed in order to ensure that the rule of law is upheld and that the rights of citizens are protected. 

The police force, being an organ of the State is enjoined by the Constitution to secure and advance the fundamental rights of the people and not to deny or abridge or restrict the same in any manner under any circumstances. Just as much as this right is enjoyed by every member of the police are force so is he prohibited from denying the same to others, irrespective of their standing, their beliefs and antecedents. 
It is no secret the perception of law enforcement has changed in the country over the last few years, given the vast news coverage of some serious encounters with members of general public. Today confidence in law enforcement is relatively low.

Although through multiple judgments over the year’s Sri Lankan courts have condemned police misconduct in no uncertain terms the police flouting the law rather than protecting the rule of law has become the norm and routine.  
  The police as the most visible face of the authority of government work in the full glare of publicity and there are under close surveillance by the media and the members of the public. It should be understood that the police today unlike in the past, with the evolution of technology live and work in full glare of publicity and is no longer immune from reasonable and sometimes harsh criticism by the member of public and media.  
Police should be guided by principles of justice and should employ highest ethical standards, accountability and consistency in the performance of their duties.  

  Police misconduct comes from excessive power granted to the police and their political control by the government. Misconduct need not be always physical but sometimes nonviolent harassments such as making humiliating gestures using profane language at people can amount to it. Police torture encompasses not only cases there are visible and discernable injuries on people, but also acts which cause psychological trauma. Even an arrest made on insufficient grounds can be degrading, inhuman and humiliating and will amount to misconduct.
 Nobody is above law; especially those who have a duty to uphold, and all persons are equal before the law and are entitled without discrimination to equal protection of law.

Immunity for police misconduct leads to deadly cycle of violence. Therefore, all cases of police misconduct should be subject to, independent and transparent investigation and if the evidence indicates that errant police officers responsible they should be prosecuted. In this connection, it should be stated that in most instances the inquiries conducted by police have been perfunctory and have resulted in exonerating the officers concerned. There have also been cases where officers found guilty of violating fundamental rights of the people have been promoted to higher ranks as if their acts have received commendation. It is not uncommon for the dismissed officers to be reinstated. 

The department should avoid choosing officers with a history of violent behaviour as this can lead to problems. Background check should be conducted to ensure that police department do not recruit violent officers.
 The credibility of a law enforcement agency is extremely important in light of the need for the citizen’s cooperation. 

Relations between citizens and the police depend to a great extent on the level of confidence people have that officers will behave in accordance with law and with departmental guidelines. Police who faithfully execute their functions within the confines of the law earns the trust and confidence of the people.